Parks v. Social Security Administration
6:22-cv-00276
| E.D. Okla. | Mar 6, 2025Background
- Plaintiff Chad Parks, represented by Teresa Grasso-Herlan, appealed an adverse decision denying Social Security benefits.
- Counsel entered a contingency fee agreement with Parks, entitling her to 25% of past-due benefits if successful.
- The Social Security Commissioner filed an unopposed motion to remand; upon remand, the ALJ awarded Parks $129,454.70 in past due benefits.
- Counsel sought attorney’s fees of $25,163.00 under 42 U.S.C. § 406(b), within the contractual and statutory 25% limit.
- Defendant neither supported nor opposed the fee request and had no financial interest in the outcome.
- The court analyzed the timeliness of the motion, filed within a month of the Notice of Award, and found no undue delay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to 25% contingency fee under § 406(b) | Counsel entitled by contract/statute | No objection; no stake | Granted |
| Reasonableness of time and amount of fee | Time/fees reasonable, necessary for result | No objection | Found reasonable |
| Timeliness of fee motion | Filed within reasonable time post-award | No objection | Considered timely |
| EAJA fee offset | Should not offset as moot given § 406(b) award | No argument | EAJA request moot |
Key Cases Cited
- Gisbrecht v. Barnhart, 535 U.S. 789 (2002) (upholding validity of contingency fee contracts for Social Security attorney fees and requiring court review for reasonableness)
- Wrenn v. Astrue, 525 F.3d 931 (10th Cir. 2008) (clarifying that § 406(b) fees are separate from agency-level fees and requiring court review for reasonableness)
- McGraw v. Barnhart, 450 F.3d 493 (10th Cir. 2006) (establishing that fee motions under § 406(b) must be timely under Rule 60(b)(6))
- Weakley v. Bowen, 803 F.2d 575 (10th Cir. 1986) (finding EAJA fees must be refunded to claimant if § 406(b) fees are awarded)