Bostic v. Bowen

Summary

The court considers counsel’s petition for attorneys’ fees in a successful Social Security case under 42 U.S.C. § 406(b)(1) and a contingent-fee agreement. It approves the full amount withheld by the Social Security Administration, $3,328.26, finding the fee reasonable in light of the contingent nature of the representation and the hours expended.

Holdings

1. A court must independently review attorney's fees for reasonableness when approving an award under 42 U.S.C. § 406(b)(1); the contingent-fee agreement carries an implicit requirement of reasonableness and is not automatically controlling.
2. The full $3,328.26 withheld by the SSA was a reasonable attorney's-fee award.

Questions Presented

1. Whether the court was required to review the reasonableness of attorney's fees requested under 42 U.S.C. § 406(b)(1) and the contingent-fee agreement.
2. Whether an award of the full $3,328.26 withheld by the Social Security Administration was reasonable in light of the contingent nature of the representation and counsel's customary hourly rates.

Disposition

other