Elizabeth A. D. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Central District of Illinois granted Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a favorable Social Security disability determination and an award of $142,952.00 in past-due benefits. The court approved fees of $35,738.00, representing 25% of the past-due benefits, and ordered counsel to refund $13,869.79 in previously received EAJA fees.

Holdings

1. The requested $35,738.00 fee was permissible because it equaled, but did not exceed, 25 percent of Plaintiff's past-due benefits, and it was reasonable under the circumstances.
2. Counsel was required to refund the $13,869.79 in EAJA fees previously received because § 406(b) prevents recovery exceeding 25 percent of past-due benefits and requires the attorney to refund the EAJA amount.

Questions Presented

1. Whether Plaintiff's counsel's requested fee of $35,738.00 under 42 U.S.C. § 406(b) was within the statutory maximum and reasonable.
2. Whether counsel was required to refund the previously awarded EAJA fees.

Disposition

other