Mary G. GLASS, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 822 F.2d 19 (6th Cir. 1987). · Go Syfert
Mary G. GLASS, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 822 F.2d 19 (6th Cir. 1987). Cases Citing This Book View Copy Cite
54 citation events (42 in the last 25 years) across 11 distinct courts.
Strongest positive: Eduardo V. v. O'Malley (rid, 2024-02-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Eduardo V. v. O'Malley (2×) also: Cited as authority (quoted)
D.R.I. · 2024 · quote attribution · 2 verbatim quotes · confidence high
the relevant question . . . is not what is required in most social security cases, but what did this case require.
discussed Cited as authority (rule) Banks v. Commissioner of Social Security (2×)
W.D. Ky. · 2025 · confidence medium
Servs., 822 F.2d 19, 20 (6th Cir. 1987) (emphasis in original) (“the experienced district judge is very likely correct that twenty to thirty hours may well be the norm for attorneys to handle most such cases”); see Hayes v. Sec’y of Health & Hum.
cited Cited as authority (rule) Southall v. USF Holland, LLC
M.D. Tenn. · 2023 · confidence medium
Servs., 822 F.2d 19, 21 (6th Cir. 1987).
cited Cited as authority (rule) Southall v. USF Holland, Inc.
M.D. Tenn. · 2023 · confidence medium
Servs., 822 F.2d 19, 21 (6th Cir. 1987).
cited Cited as authority (rule) Butterfield v. Commissioner of Social Security
W.D. Mich. · 2022 · confidence medium
Servs., 822 F.2d 19, 22 (6th Cir. 1987).
discussed Cited as authority (rule) Joseph M. v. Kijakazi
D.R.I. · 2022 · confidence medium
“The relevant question . . . is not what is required in most social security cases, but what did this case require.” Glass v. Secretary of Health and Human Svs., 822 F.2d 19, 20 (6th Cir. 1987). 2 These are $221.34 for attorney work in 2021, $231.49 for attorney work in 2022, and $95 for paralegal work in 2021 and 2022.
cited Cited as authority (rule) Dahlenburg v. SSA
E.D. Ky. · 2022 · confidence medium
“The relevant question is not what is required in most social security cases, but what did this case require.” Glass v. Secretary of Health & Human Services, 822 F.2d 19, 20 (6th Cir. 1987).
discussed Cited as authority (rule) Warren v. SSA (2×) also: Cited "see"
E.D. Ky. · 2022 · confidence medium
Health & Human Servs., 822 F.2d 19, 2 (6th Cir. 1987).
cited Cited as authority (rule) Goettelman v. Commissioner of Social Security
S.D. Ohio · 2022 · confidence medium
Glass v. Sec’y of H.H.S., 822 F.2d 19, 22 (6th Cir. 1987).
examined Cited as authority (rule) Kaeck v. Kijakazi (3×)
M.D. Tenn. · 2022 · confidence medium
See, e.g., Hayes v. Sec’y of Health & Human Servs., 923 F.2d 418, 420 (6th Cir. 1990) (quoting the district court’s “opinion . . . that the average number of hours for . . . work on a social security case ranges from 30 to 40 hours); Glass v. Sec’y of Health & Human Servs., 822 F.2d 19, 20 (6th Cir. 1987) (finding that the district judge was “very likely correct that twenty to thirty hours may well be the norm”).
cited Cited as authority (rule) Ison v. SSA
E.D. Ky. · 2022 · confidence medium
Servs., 822 F.2d 19, 20 (6th Cir. 1987).
cited Cited as authority (rule) MCDOWELL v. LIVONIA HOTEL BUSINESS, INC
E.D. Mich. · 2022 · confidence medium
Mich. 2006) (citing Glass v. Secretary of HHS, 822 F.2d 19, 21 (6th Cir.1987)).
cited Cited as authority (rule) Cashmer v. SSA
E.D. Ky. · 2022 · confidence medium
Servs., 822 F.2d 19, 20 (6th Cir. 1987).
cited Cited as authority (rule) Holtman v. Social Security Administration
M.D. Tenn. · 2022 · confidence medium
Servs., 822 F.2d 19, at 20 (6th Cir. 1987) (emphasis in original)).) III.
cited Cited as authority (rule) Hagedon v. Saul
E.D. Mich. · 2021 · confidence medium
Glass v. Sec. of HHS, 822 F.2d 19, 21 (6th Cir. 1987).
cited Cited as authority (rule) Cumbus o.b.o. K.D.W., a Minor v. Saul
E.D. Mich. · 2021 · confidence medium
Glass v. Sec. of HHS, 822 F.2d 19, 21 (6th Cir. 1987).
discussed Cited as authority (rule) Aikman v. Commissioner of Social Security
S.D. Ohio · 2020 · confidence medium
Concerning the reasonableness of the expended hours, “[t]he relevant question . . . is not what is required in most social security cases, but what did this case require.” Glass v. Sec’y of Health & Human Servs., 822 F.2d 19, 20 (6th Cir. 1987) (emphases in original).
discussed Cited as authority (rule) Cristini v. City of Warren
E.D. Mich. · 2014 · confidence medium
This approach, “also known as the ‘lodestar’ approach, includes most, if not all, of the factors relevant to determining a reasonable attorney’s fee.” Glass v. Secretary of HHS, 822 F.2d 19, 21 (6th Cir.1987) (citing Coulter v. State of Tennessee, 805 F.2d 146, 149 (6th Cir.1986)).
cited Cited as authority (rule) Cowart v. Commissioner of Social Security
E.D. Mich. · 2011 · confidence medium
Glass v. Secretary of HHS, 822 F.2d 19, 21 (6th Cir. 1987).
discussed Cited as authority (rule) Healthcall of Detroit, Inc. v. State Farm Mutual Automobile Insurance
E.D. Mich. · 2009 · confidence medium
In Glass v. Secretary of HHS, 822 F.2d 19, 21 (6th Cir.1987), the Sixth Circuit, citing Coulter v. State of Tennessee, 805 F.2d 146, 149 (6th Cir.1986), recognized “that the rate-times-hours method of calculation, also known as the ‘lodestar’ approach, includes most, if not all, of the factors relevant to determining a reasonable attorney’s fee.” Once the lodestar is calculated, the fee may be adjusted in consideration of a number of factors, including “(1) the time and labor required; (2) the novelty and difficulty of the questions involved; (3) the skill requisite to perform the …
discussed Cited as authority (rule) Brooks v. INVISTA (KOCH INDUSTRIES) (2×)
E.D. Tenn. · 2007 · confidence medium
The United States Court of Appeals for the Sixth Circuit has held that “the district court must not only articulate findings of fact and conclusions of law regarding the inclusion of hours amounting to the fee awarded, but those regarding the exclusion of hours as well.” Glass v. Sec’y of Health & Human Services, 822 F.2d 19, 22 (6th Cir.1987).
discussed Cited as authority (rule) Disabled Patriots of America, Inc. v. Taylor Inn Enterprises, Inc.
E.D. Mich. · 2006 · confidence medium
As the Supreme Court noted in Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983), “[t]he most useful starting point 'for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate.” In Glass v. Secretary of HHS, 822 F.2d 19, 21 (6th Cir.1987), the Sixth Circuit, citing Coulter v. State of Tennessee, 805 F.2d 146, 149 (6th Cir.1986), recognized “that the rate-times-hours method of calculation, also-known as the ‘lodestar’ approach, includes most, if not all, of the factors …
discussed Cited as authority (rule) Neal W. Roland v. Perry Johnson, Thomas Phillips, Dale Foltz, and Bernie Toland
6th Cir. · 1993 · confidence medium
It is clear that properly documented hours may be disallowed insofar as they are found to be excessive, but it is equally clear that "if the district court rejects counsel's tabulation, it must identify the hours rejected and specify with particularity the reasons for their rejection." Glass v. Secretary of Health and Human Services, 822 F.2d 19, 22 (6th Cir.1987).
cited Cited as authority (rule) Bowker v. Bowen
D. Me. · 1989 · confidence medium
Glass v. Secretary of Health and Human Services, 822 F.2d 19, 21 (6th Cir.1987).
cited Cited "see" Bialo v. Berryhill
E.D. Mich. · 2019 · signal: see · confidence high
See Glass v. Sec’y of Health & Human Servs., 2 822 F.2d 19, 21 (6th Cir. 1987).
discussed Cited "see" Ringel v. Comm'r of Soc. Sec.
S.D. Ohio · 2018 · signal: see · confidence high
See generally Glass v. Sec'y of Health & Human Servs. , 822 F.2d 19 , 20 (6th Cir. 1987) (observing typical range of "twenty to thirty hours"); Hayes , 923 F.2d at 420 (noting trial court's reference to thirty to *837 forty hours).
discussed Cited "see" United States v. Taylor
6th Cir. · 1993 · signal: see · confidence high
See Glass v. Secretary of Health and Human Services, 822 F.2d 19, 21 (6th Cir.1987). 22 In cases arising under the federal analogue of the Michigan statute, courts have identified the following factors, among others, as bearing on the amount of a penalty: 23 "(1) the good or bad faith of the defendant, (2) the injury to the public, (3) the defendant's ability to pay, (4) the desire to eliminate the benefits derived by a violation, and (5) the necessity of vindicating the authority of the enforcing party." United States v. M.
cited Cited "see" United States v. Taylor
6th Cir. · 1993 · signal: see · confidence high
See Glass v. Secretary of Health and Human Services, 822 F.2d 19, 21 (6th Cir.1987).
cited Cited "see" Lanham v. Secretary of Health & Human Services
E.D. Mich. · 1992 · signal: see · confidence high
See, Glass v. Secretary of HHS, 822 F.2d 19 (6th Cir. 1987); Dearing v. Secretary, 815 F.2d 1082 (6th Cir.1987); In re Horenstein, 810 F.2d 73 (6th Cir.1986).
discussed Cited "see" Eugene Bradford v. Secretary of Health and Human Services
6th Cir. · 1987 · signal: accord · confidence high
Thus, "this court is not in a position to determine whether the district court committed an abuse of discretion without adequate findings in the record explaining the court's actions and articulating the basis for its calculations." Bailey v. Heckler, 777 F.2d 1167, 1170 (6th Cir.1985); accord Glass v. Secretary of Health & Human Serv., 822 F.2d 19, 21 (6th Cir.1987); cf. In re Hornstein, 810 F.2d 73 , 75 (6th Cir.1986).
cited Cited "see, e.g." Miller v. Comm'r of Soc. Sec.
E.D. Mich. · 2018 · signal: see also · confidence low
See also Glass , 822 F.2d at 20 ; Hayes v. Sec'y of Health and Human Servs. , 923 F.2d 418 , 420 (6th Cir. 1990).
cited Cited "see, e.g." Mcguire v. Sullivan
7th Cir. · 1989 · signal: see also · confidence medium
See also Glass v. Secretary of Health and Human Services, 822 F.2d 19, 21 (6th Cir.1987) (district court must articulate reasons for Sec. 406 awards to make meaningful review possible).
cited Cited "see, e.g." McGuire v. Sullivan
7th Cir. · 1989 · signal: see also · confidence medium
See also Glass v. Secretary of Health and Human Services, 822 F.2d 19, 21 (6th Cir.1987) (district court must articulate reasons for § 406 awards to make meaningful review possible).
discussed Cited "see, e.g." Charles JANKOVICH, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
6th Cir. · 1989 · signal: see, e.g. · confidence medium
See, e.g., Glass v. Secretary of Health and Human Services, 822 F.2d 19, 22 (6th Cir.1987) ("sufficient explanation by the district court of its reasoning and calculations will provide a record conducive to meaningful review”).
Retrieving the full opinion text from the archive…
18 soc.sec.rep.ser. 168, unempl.ins.rep. Cch 17,405 Mary G. Glass
v.
Secretary of Health and Human Services
86-3339.
Court of Appeals for the Sixth Circuit.
Jun 24, 1987.
822 F.2d 19
1987 U.S. App. LEXIS 7950
Joseph Kane (argued), Asst. U.S. Atty., Columbus, Ohio, Donna J. Fuchsluger, Office of General Counsel, Dept, of HHS, Baltimore, Md., for defendant-appellee., Philip Chris Corts (argued), Cincinnati, Ohio, for plaintiff-appellant.
Ryan, Boggs, Brown.
Cited by 35 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: D. Rhode Island (1)
RYAN, Circuit Judge.

This case involves a challenge to attorney’s fees awarded for successful litigation of a social security case. We are called upon to decide whether the district court abused its discretion in limiting counsel’s application for fees to an amount well below twenty-five percent of the claimant’s award, which is the statutory ceiling for such fees under 42 U.S.C. § 406(b)(1). Because the district court did not exercise its discretion in the instant case, we cannot decide this issue. Therefore, we must remand the case for further proceedings.

The pertinent facts are few and largely uncontested. Following a favorable decision in which the claimant was awarded benefits, counsel identified forty-four hours spent working on the case and requested a fee of $6,029.80, which represented twenty-five percent of the award. Using a form-type opinion, the text of which has been employed in other cases, and in which only one change was made for this case — to reflect the amount requested in this case— the district court found that ordinarily social security cases require twenty to thirty hours of attorney work for which $100.00 per hour is a reasonable rate. The court rejected counsel’s request and, instead, awarded $3,000.00.

We find no basis to fault the learned judge’s articulation of a general rule to guide his analysis in awarding attorney’s fees. Indeed, the experienced district judge is very likely correct that twenty to thirty hours may well be the norm for attorneys to handle most such cases, and $100.00 per hour may well be a reasonable rate of compensation. The relevant question, however, is not what is required in most social security cases, but what did this case require.

Congress set forth the guidelines for awarding attorney’s fees in social security[*21] cases in 42 U.S.C. § 406(b)(1), which provides:

“Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 250(i), certify the amount of such fee for payment to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any judgment, no other fee may be payable or certified for payment for such representation except as provided in this paragraph.”

By limiting attorney’s fees to twenty-five percent of the claimant’s award, Congress intended to prevent the recovery of “inordinately large fees.” Sims v. Gardner, 378 F.2d 70, 72 (6th Cir.1967) (quoting 1965 U.S.Code Cong. & Admin. News 2062, 89th Cong., 1st Sess.). In this circuit, it is beyond dispute that the district court is required to exercise its discretion in awarding a reasonable fee.

Quite aside from the more important consideration that a boiler-plate formula for fixing attorney’s fees in these cases does not comply with our requirement for individualized discretion, from an appellate standpoint, the problem with cases in which the district court has failed to exercise its discretion is that we are unable to do our duty to conduct “meaningful review” of the record. Bailey v. Heckler, 111 F.2d 1167, 1171 (6th Cir.1985). In Bailey, we emphasized that in every case the district court is obligated “to articulate on the record findings of fact or conclusions of law explaining the court’s reasoning and calculations performed to arrive at the fee award.” Id. We have expressed our disfavor with routine approval of requests for the statutory ceiling, because such approval does not consider the circumstances surrounding an individual case. Webb v. Richardson, 472 F.2d 529, 536 (6th Cir.1972). We find routine disapproval similarly unacceptable. In re Horenstein, 810 F.2d 73 (6th Cir.1986).

Fee shifting statutes are intended to encourage competent counsel to accept cases which perhaps otherwise they would not. By assuring the recovery of a reasonable fee, § 406(b)(1) helps to accomplish this result. When an attorney agrees to represent a social security claimant, he obligates himself to perform to the best of his ability. The case in question may be particularly difficult or inordinately easy; the issues may be complex or simple; and the attorney will be experienced or inexperienced, skilled or unskilled. Calculating a fee award that accounts for these factors will achieve the statutory goal of enabling social security claimants to obtain legal assistance by ensuring “reasonable” compensation for attorneys.

In a very recent decision, we recognized that the rate-times-hours method of calculation, also known as the “lodestar” approach, includes most, if not all, of the factors relevant to determining a reasonable attorney’s fee. Coulter v. State of Tennessee, 805 F.2d 146, 149 (6th Cir.1986). Accord Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. -, 106 S.Ct. 3088, 92 L.Ed.2d 439 (1986). For the simple reason that every case is not the same, this method must be utilized in each case that comes before the court. Had Congress intended to authorize a specific average fee, applicable in every case, as a reasonable fee in social security cases, we have no doubt it would have said so. Instead, Congress statutorily assured attorneys of a “reasonable fee.” In so doing, it necessarily also assured them that district courts would exercise their discretion in calculating a reasonable rate of compensation.

This is not to say, having set the rate of compensation based upon the relevant factors, that the district court must blindly accept counsel’s assertion that a certain number of hours were spent working on a particular case. “Hours may be cut for duplication, padding or frivolous claims.” Northcross v. Board of Edu [*22] cation of Memphis City Schools, 611 F.2d 624, 636 (6th Cir.1980). However, if the district court rejects counsel’s tabulation, it must identify the hours rejected and specify with particularity the reasons for their rejection. To fulfill its obligations under § 406(b)(1), the district court must not only articulate findings of fact and conclusions of law regarding the inclusion of hours amounting to the fee awarded, but those regarding the exclusion of hours as well.

An evidentiary hearing will not always be necessary. Unless the Secretary contests counsel’s factual assertions, the record, papers filed with the court, and the judge’s experience with the case in question should provide an excellent indication of the time spent. Nor is it necessary that the judge awarding the attorney’s fee be the same judge who heard the case. So long as individual characteristics, including, but not limited to, the complexity of the case or the novelty of the issues, are considered, we are satisfied that the court has fulfilled its statutory duty in awarding a reasonable fee.

We appreciate the burden that social security cases impose upon the district courts. We share this burden. However, it is our considered opinion that sufficient explanation by the court of its reasoning and calculations will provide a record conducive to meaningful review and thereby reduce the expenditure of judicial resources incurred when we are unable to address the issues presented. Therefore, we must insist that the district courts exercise their discretion in individual cases in awarding attorney’s fees.

The judgment of the district court is vacated, and the case remanded for proceedings not inconsistent with this opinion.