Wilberto RAMOS COLON, Plaintiff, Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellee, 850 F.2d 24 (1st Cir. 1988). · Go Syfert
Wilberto RAMOS COLON, Plaintiff, Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant, Appellee, 850 F.2d 24 (1st Cir. 1988). Cases Citing This Book View Copy Cite
“he court is not bound by any contingent fee executed between plaintiff and his attorneys.”
18 citation events (3 in the last 25 years) across 11 distinct courts.
Strongest positive: Jenkins v. McCoy (wvsd, 1995-04-13)
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jenkins v. McCoy
S.D.W. Va · 1995 · quote attribution · 1 verbatim quote · confidence high
he court is not bound by any contingent fee executed between plaintiff and his attorneys.
cited Cited as authority (rule) United States v. Overseas Shipholding Group, Inc.
1st Cir. · 2010 · confidence medium
See De Jesus Nazario v. Morris Rodriguez, 554 F.3d 196, 199 (1st Cir.2009); Ramos Colon v. Sec’y of Health & Human Servs., 850 F.2d 24, 26 (1st Cir.1988).
discussed Cited as authority (rule) Gisbrecht v. Barnhart (2×) also: Cited "see"
SCOTUS · 2002 · signal: cf. · confidence medium
Cf. Ramos Colon v. Secretary of Health and Human Servs., 850 F. 2d 24, 26 (CA1 1988) (per curiam) (“a court is not required to give blind deference to ... a contractual fee agreement, and must ultimately be responsible for fixing a reasonable fee for the judicial phase of the proceedings” (internal quotation marks omitted)).
discussed Cited as authority (rule) Padula-Holewinski v. HHS
D.N.H. · 1995 · confidence medium
Under similar circumstances as here, the First Circuit has admonished the district courts that even where "an attorney can show that his client in a social security disability case signed a contingency fee agreement, a court is not reguired to give 'blind deference' to the [] contractual fee agreement, and must ultimately be responsible for fixing a reasonable fee for the judicial phase of the proceedings." Ramos Colon v. Secretary, 850 F.2d 24, 26 (1st Cir. 1988) (per curiam) (guoting McKittrick v. Gardner, 378 F.2d 872, 873 (4th Cir. 1967)); accord Kimball, supra, 826 F. Supp. at 578 .
discussed Cited as authority (rule) Lombardo v. Secretary of Health & Human Services
D. Mass. · 1994 · confidence medium
The First Circuit has held that “the determination of a reasonable attorney’s fee rests within the sound discretion of the district court.” Ramos Colon v. Secretary of Health and Human Services, 850 F.2d 24, 26 (1st Cir.1988).
cited Cited as authority (rule) Kimball v. Shalala
D. Me. · 1993 · confidence medium
Ramos Colon v. Secretary of Health and Human Services, 850 F.2d 24, 26 (1st Cir.1988) (quoting McKittrick v. Gardner, 378 F.2d 872, 873 (4th Cir.1967).
discussed Cited as authority (rule) Krig v. Sullivan
N.D. Fla. · 1992 · confidence medium
Ramos Colon v. Secretary, Department of Health and Human Services, 850 F.2d 24, 26 (1st Cir.1988) favorably stated this rule also in dicta 3 Decisions of the Middle District of Alabama and of the Southern District of Alabama have adopted this approach.
discussed Cited as authority (rule) In Re San Juan Dupont Plaza Hotel Fire Litigation
D.P.R. · 1991 · confidence medium
Even when an attorney can show that a client signed a contingency fee agreement, “[the] court is not required to give ‘blind deference’ to contractual fee agreements and must ultimately be responsible for fixing a reasonable fee for the judicial phase of the proceedings.” Ramos Colón v. Secretary of Health & Human Services, 850 F.2d 24, 26 (1st Cir.1988).
discussed Cited as authority (rule) Knagge v. Sullivan
M.D. Fla. · 1990 · confidence medium
Compare McGuire v. Sullivan, 873 F.2d 974 (7th Cir.1989) (contingency fee usually should be honored) and Rodriquez v. Bowen, 865 F.2d 739 (6th Cir.1989) (en banc) (contingency fee given presumption) with Cotter v. Bowen, 879 F.2d 359, 362-65 (8th Cir.1989) (reasonable fee must be calculated by reference to lodestar method); Straw v. Bowen, 866 F.2d 1167 (9th Cir.1989) (same); Craig v. Secretary, Dep’t of Health & Human Servs., 864 F.2d 324 , 327-28 (4th Cir.1989) (finding error in presumption that contractual fee is reasonable and directing use of lodestar method); Wells v. Bowen, 855 F.2d 3…
discussed Cited "see" Rose Bordanaro v. John McLeod Appeal of City of Everett, Edward Connolly, and Donald Bontempo
1st Cir. · 1989 · signal: see · confidence high
See Ramos Colon v. Secretary of Health and Human Services, 850 F.2d 24, 27 (1st Cir.1988) (per curiam) (noting failure of party to establish prevailing rate required remand to reassess attorneys’ fees in a Social Security Act case).
discussed Cited "see, e.g." Marvin KAY, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee
11th Cir. · 1999 · signal: see also · confidence medium
See also Ramos Colon v. Secretary of Health and Human Servs., 850 F.2d 24, 26 (1st Cir.1988) (rejecting deference to contingent fee agreement but not singling out lodestar method as the appropriate method). 3 .
discussed Cited "see, e.g." Kay v. Apfel
11th Cir. · 1999 · signal: see also · confidence medium
See also Ramos Colon v. Secretary of Health and Human Servs., 850 F.2d 24, 26 (1st Cir.1988) (rejecting deference to contingent fee agreement but not singling out lodestar method as the appropriate method). 6 ‘lodestar’ depending upon a variety of factors.” Andrews v. United States, 122 F.3d 1367, 1375 (11th Cir. 1997) (internal citations omitted) (attorney’s fees claimed under Equal Access to Justice Act) (citing Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S. Ct. 1933, 1939 (1983)).
discussed Cited "see, e.g." Kay v. Apfel
11th Cir. · 1999 · signal: see also · confidence medium
See also Ramos Colon v. Secretary of Health and Human Servs., 850 F.2d 24, 26 (1st Cir.1988) (rejecting deference to contingent fee agreement but not singling out lodestar method as the appropriate method). 3 See, e.g., Wells v. Sullivan, 907 F.2d 367, 370 (2d Cir.1990); McGuire v. Sullivan, 873 F.2d 974, 980 (7th Cir.1989); Rodriquez v. Bowen, 865 F.2d 739, 746 (6th Cir.1989) (en banc). 4 a contingency fee arrangement of 25 percent or less is a reasonable fee, absent evidence suggesting otherwise.
cited Cited "see, e.g." Frazier v. Sullivan
M.D. Ala. · 1991 · signal: see also · confidence medium
See also Ramos Colon v. Sec’y of Health and Human Services, 850 F.2d 24, 26 (1st Cir.1988); Coup v. Heckler, 834 F.2d 313, 324 (3rd Cir.1987).
Retrieving the full opinion text from the archive…
22 soc.sec.rep.ser. 265, unempl.ins.rep. Cch 14026a Wilberto Ramos Colon
v.
Secretary of Health and Human Services
87-1875.
Court of Appeals for the First Circuit.
Jun 29, 1988.
850 F.2d 24
Juan A. Hernandez Rivera, San Juan, P.R., Angel L. Cintron Carrasquillo, San-turce, P.R., Ivan O. Gonzalez Cruz and William Dominguez Torres, Rio Piedras, P.R., on brief for plaintiff, appellant., William E. Wilkin, Office of Gen. Counsel, Social Sec. Div., Dept, of Health and Human Services, Baltimore, Md., Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., Donald A. Gonya, Chief Counsel for Social Sec., Randolph W. Gaines, Deputy Chief Counsel for Social Sec. Litigation, and A. George Lowe, Chief, Disability Litigation Branch, Baltimore, Md., on brief for defendant, appellee.
Breyer, Torruella, Selya.
Cited by 16 opinions  |  Published
PER CURIAM.

This appeal is brought by Attorney Juan Hernandez Rivera, who successfully represented a Social Security claimant in an effort to obtain past due benefits. In keeping with 42 U.S.C. § 406(b), when the past due benefits were awarded by the court, 25 percent of the total judgment, here $6,450.17, was withheld by the Social Security Administration for the payment of legal fees. Hernandez was awarded $3,000 for services which he rendered at the administrative level, and petitioned the district court for the remainder, $3,450.17, to cover the services which he rendered in the judicial proceedings. As justification for the additional fee, Hernandez submitted an itemized list indicating that he spent 21 hours of time at the judicial level and incurred $355.44 of other expenses. The district court concluded that Hernandez was entitled to receive payment for only ten[*26] hours of time at a rate of $75 per hour, and nothing more. The court also criticized Hernandez for certain of his charges, which the court felt were wholly inappropriate, and constituted an unconscionable attempt to overcharge his client. 666 F.Supp. 10.

On appeal, Hernandez requests that attorney’s fees be allowed at a rate of $90 per hour and that the disparaging language of the district court, which according to Hernandez imputes misconduct on his part, be stricken. Hernandez appears not to contest the district court’s reduction in the number of hours spent at the judicial level of the case. Under 42 U.S.C. § 406(b), a court “may determine and allow as part of its judgment a reasonable fee for [legal] representation, not in excess of 25 percent of the total of the past due benefits to which the claimant is enti-tled_” (emphasis supplied). Although the statute allows for a 25 percent maximum, it will often be the case that a reasonable fee is a much smaller amount. See Redden v. Celebrezze, 370 F.2d 373 (4th Cir.1966). Additionally, even where, as here, an attorney can show that his client in a social security disability case signed a contingency fee agreement, a court is not required to give “blind deference” to the a contractual fee agreement, and must ultimately be responsible for fixing a reasonable fee for the judicial phase of the proceedings. McKittrick v. Gardner, 378 F.2d 872, 873 (4th Cir.1967).

Although not in a social security context, we have held that the determination of a reasonable attorney’s fee rests within the sound discretion of the district court. King v. Greenblatt, 560 F.2d 1024, 1026 (1st Cir.1977), cert. denied, 438 U.S. 916, 98 S.Ct. 3146, 57 L.Ed.2d 1161 (1978). Appellate courts, in reviewing such a determination, must accord deference to the exercise of that discretion. Grendel’s Den, Inc. v. Larkin, 749 F.2d 945, 950 (1st Cir.1984). As we remarked in Grendel’s, “we normally prefer to defer to any thoughtful rationale and decision developed by a trial court and to avoid second guessing.” Id. This standard of review is similarly applicable in a social security context involving a fee dispute, especially where, as here, the district court has given an adequate explanation of its reasons for adjusting the fees sought. See Rohrich v. Bowen, 796 F.2d 1030, 1032 (8th Cir.1986). While attorneys are entitled to fair compensation, one must be mindful of the fact that the past-due benefits from which their fees are derived “are provided for the support and maintenance of the claimant and his dependents and not for the enrichment of members of the bar.” Redden v. Celebrezze, 370 F.2d 373, 376 (4th Cir.1966).

In the case before us, the district court carefully reviewed the itemized charges submitted by Attorney Hernandez, and concluded that too many hours had been sought at too high an hourly rate (the equivalent of $160 per hour). The court adequately explained its reasons for reaching these conclusions, and we need not restate them here. Attorney Hernandez, who does not take issue with the number of hours of service allowed by the district court, only insists that he should receive $90 per hour rather than the $75 per hour rate set by the court. In support of his position, Hernandez notes that “the Court in Puerto Rico has already determined that a reasonable hourly rate in Social Security Disability cases should not normally exceed $75.00 per hour. This practice seems to be changing because most of the orders we have been receiving lately are granting a fee of $90.00 per hour.” Hernandez does not substantiate his contention that courts are routinely allowing $90 per hour as a reasonable attorney’s fee. Even if Hernandez’s information is correct, the fact that higher hourly rates may be allowed in some cases does not, without more, make the $75 per hour rate allowed here unreasonable. Reasonable fees have been defined as “those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.” Blum v. Stenson, 465 U.S. 886, 895 n. 11, 104 S.Ct. 1541, 1547 n. 11, 79 L.Ed.2d 891 (1984) (§ 1988 case). Hernandez has admitted in his brief that $75 is the prevailing rate which is allowed by courts in social[*27] security disability cases, and has failed to set forth any special circumstances which would appear to justify or warrant the payment of any higher hourly rate. Moreover, Hernandez has presented no evidence to show that his requested rate is the one prevailing in the community for similar services by lawyers of comparable skill and experience. Id. His conclusory statement that he has lately received a fee of $90 per hour is not enough. In light of the foregoing, we cannot find that the district court abused its discretion in setting Hernandez’s reasonable fee at $75 per hour.

We decline to strike the district court’s language which reprimanded Hernandez for attempting to inflate the number of hours of service rendered, and for attempting to charge his client directly for the office’s use of a computer and word processor. We agree with the court’s position that an attempt to charge clients directly for the use of office equipment is highly questionable; this practice, if allowed, would in effect unfairly impose on clients the attorney’s capital costs of acquiring new office equipment. We commend the district court’s vigilance in observing this point. We commend the court, as well, for its perceptive scrutiny of the time billed which revealed substantial overcharging. We do not find, as Attorney Hernandez would have us find, that the district court “overreacted” to these issues, nor is our view softened by Hernandez’s partial admission that, in retrospect, he used bad judgment regarding the computer and word processing charges. We agree that attempts to overcharge, such as those discovered by the district court, deserve to be condemned.

For the foregoing reasons, the judgment of the district court is hereby affirmed.