Summary
This memorandum and order from the United States District Court for the District of Nebraska addresses a plaintiff's motion for attorney fees under 42 U.S.C. § 406(b) following a successful Social Security disability appeal. After reviewing the contingency fee agreement and the time spent by counsel, the court finds the requested fee of $3,467.00 reasonable and grants the motion. The order directs the Social Security Administration to issue payment directly to the plaintiff's attorney out of withheld past-due benefits.
Topics
Practice areas
Questions Presented
- Whether the fee of $3,467.00 requested under 42 U.S.C. § 406(b) is reasonable and permissible.
Holdings
- The Court finds the fee reasonable and grants Plaintiff's motion for attorney fees under § 406(b).
Key quotations
“The Court finds that the fee of $3,467.00 requested by counsel under § 406(b) is reasonable.” (at 1)
Factual background
Marshall filed an SSDI application that was denied by the ALJ and the Appeals Council. The district court reversed the denial and ordered benefits. He entered a 25% contingency fee agreement with counsel and previously received $8,000 EAJA fees. He now seeks $3,467 under § 406(b).
Procedural history
Plaintiff filed a Social Security Disability claim that was denied by the Administrative Law Judge and the Appeals Council. The district court reversed and remanded the denial, awarding benefits. Plaintiff now moves for attorney fees under § 406(b).