SQUIRES
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court grants attorney's fees under 42 U.S.C. § 406(b) for attorneys who obtained a Social Security benefits award on remand. The court awards $3,966, representing 25 percent of past-due benefits after accounting for a prior EAJA award and reductions for amounts withheld by the Social Security Administration.
The court grants the motion for attorney's fees. The requested fee of $3,966 is both reasonable and appropriate under § 406(b).
“Section 406(b) provides that an attorney who obtains a benefits award on remand may petition for a reasonable fee—not to exceed twenty-five percent of the claimant's past-due benefits—for work performed before the court.”
Establishes the statutory framework governing attorney's fees in Social Security cases
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJessica Leigh Squires obtained an award of Social Security benefits on remand. Her attorneys, Richard Culbertson and Sarah Patience Jacobs, sought att…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 42 U.S.C. § 406(b) cases and more on FLexlaw
Having obtained an award of benefits, Jessica Leigh Squires' attorneys, Richard Culbertson and Sarah Patience Jacobs, seek attorney's fees under 42 U.S.C. § 406(b). (Doc. 33.) Defendant neither supports nor opposes the motion. (Id. at 3.)
Section 406(b) provides that an attorney who obtains a benefits award on remand may petition for a reasonable fee—not to exceed twenty-five percent of the claimant's past-due benefits—for work performed before the court. Here, the attorneys request $3,966, which is 25 percent of past-due benefits, less the previous EAJA award of $4,537.65 and a further reduction so that the award is consistent with the amount still being withheld by the Social Security Administration. (Doc. 33 at 2; Doc. 33-2 at 4; Doc. 32); see Paltan v. Comm'r of Soc. Sec., 519 F. App'x 673, 674 (11th Cir. 2013) (noting that the attorney has the option of either refunding a prior EAJA award to the plaintiff directly or reducing the § 406(b) award by the same amount). For the reasons stated in Squires' motion, the requested fee is both reasonable and appropriate under § 406(b).
Accordingly, the fee motion (Doc. 33) is GRANTED. The clerk will enter judgment for Squires for $3,966 in attorney's fees under 42 U.S.C. § 406(b).
ORDERED in Fort Myers, Florida on August 27, 2025.
Kyle C. Dudek United States Magistrate Judge