Charles Berry v. Commissioner of Social Security

Summary

The United States District Court for the Central District of Illinois granted Plaintiff’s unopposed petition for attorney’s fees under 42 U.S.C. § 406(b). The court awarded counsel $24,447.25, representing 25% of the plaintiff’s past-due benefits, reduced by the previously awarded $6,509.98 in EAJA fees, for a net award of $17,937.27. The order was entered on May 28, 2026.

Holdings

1. The Court may award a reasonable fee for successful federal-court representation under 42 U.S.C. § 406(b), subject to the statutory cap of 25% of the claimant's past-due benefits and the requirement that the fee be reasonable.
2. When counsel receives fees under both § 406(b) and the EAJA for the same work, counsel must refund the smaller fee to the claimant; the Court may instead deduct the prior EAJA award from the § 406(b) award.

Questions Presented

1. Whether counsel should receive a reasonable attorney fee under 42 U.S.C. § 406(b) after successfully representing Berry in federal court and obtaining past-due benefits.
2. Whether the fee should be reduced by the EAJA fee previously awarded for the same work.

Disposition

other