Camden, NJ – A New Jersey federal magistrate judge has approved a request for attorney fees totaling $28,450.25 in a long-running Social Security disability case, ruling the amount reasonable under federal law.
The order, filed September 8, stems from a lawsuit brought by Kristie Fanz against the Commissioner of Social Security. After a federal court remand in 2022, Fanz was found disabled dating back to April 2015, resulting in past-due benefits from which the fee was calculated.
Plaintiff’s counsel, who logged 31.7 hours of work before the court, had an agreement entitling them to 25 percent of past-due benefits. The judge found that the representation was “of the highest caliber” and directly led to the reversal of the agency’s denial of benefits.
The ruling noted that the fee equates to an hourly rate of $897.48, which falls within the range approved in similar Social Security cases in the District of New Jersey.
The judge also directed counsel to refund to the plaintiff a previously awarded $6,700 in fees granted under the Equal Access to Justice Act, to prevent double recovery.
Key Points
- Attorney awarded $28,450.25 in fees from Social Security past-due benefits.
- The judge ruled the fee reasonable given the favorable outcome and contingency risk.
- Counsel must refund $6,700 EAJA fee to the plaintiff.
The decision underscores the risks and rewards for attorneys handling Social Security disability appeals on contingency.