Nikolaos Sinopoulos Jr. v. Kilolo Kijakazi, Acting Commissioner of the Social Security Administration

Summary

The Eastern District of New York granted counsel’s motion for attorneys’ fees under 42 U.S.C. § 406(b) in a Social Security disability case. The court awarded $32,856.50 based on 36.90 hours of work and ordered counsel to refund $8,963.75 in previously awarded EAJA fees to the plaintiff. The court also directed that Frank Bisignano be substituted for Kilolo Kijakazi as the named defendant.

Holdings

1. A request for attorneys' fees under § 406(b) must be filed within fourteen days of the claimant's notice of benefits calculation; counsel's motion, filed ten days after receiving the notice, was timely.
2. The requested $32,856.50 fee was reasonable under § 406(b) and did not constitute a windfall.
3. After receiving the § 406(b) award, counsel must refund the previously awarded EAJA fees of $8,963.75 directly to Plaintiff.

Questions Presented

1. Whether counsel's motion for attorneys' fees under 42 U.S.C. § 406(b) was timely.
2. Whether an award of $32,856.50, representing 25 percent of Plaintiff's past-due benefits for 36.90 hours of work, was reasonable and did not constitute a windfall.
3. Whether counsel was required to refund the previously awarded EAJA fees to Plaintiff after receiving the § 406(b) award.

Disposition

other