Summary
This memorandum and order from the United States District Court for the District of Maine resolves a motion for attorney fees under 42 U.S.C. § 406(b)(1) arising from a Social Security disability claim. The court evaluates the reasonableness of the requested $22,314.00 contingent fee, finds it compliant with statutory limits and prior case law, and notes the Commissioner's lack of opposition. The motion is granted, authorizing payment from the plaintiff's past-due benefits subject to the attorney refunding a previously awarded Equal Access to Justice Act fee.
Topics
Practice areas
Questions Presented
- Whether the $22,314 fee request complies with 42 U.S.C. §406(b) and does not exceed the 25% statutory limit and is reasonable.
Holdings
- The court granted the motion, finding the fee permissible under §406(b) because it conforms to the contingent fee agreement, does not exceed the 25% limit, and is reasonable.
Key quotations
“Accordingly, the Motion for Award of Attorney Fees is GRANTED and the Court ORDERS that a fee award in the amount of $22,314 be paid to Attorney Fenner from Plaintiff’s past-due benefits in accordance with Social Security Administration policy, subject to the requirement that Attorney Fenner pay Plaintiff $5,888, the sum earlier awarded to Attorney Fenner pursuant to the Equal Access to Justice Act.” (end)
Factual background
Plaintiff entered a contingent fee agreement with Attorney Riley Fenner for 25% of any past‑due benefits awarded. The Social Security Administration withheld the same percentage from Plaintiff’s award, and the district court previously awarded $5,888 to the attorney under the EAJA, which the attorney must refund.
Procedural history
Plaintiff obtained a judgment awarding past‑due Social Security Disability benefits. The Social Security Appeals Council remanded for a hearing, resulting in a favorable judgment. Plaintiff then filed a motion for attorney fees under §406(b). The district court considered the motion and issued this order.