Christina Herrera v. Commissioner of Social Security Administration

Summary

The United States District Court for the District of Arizona grants plaintiff’s counsel’s motion for attorneys’ fees under 42 U.S.C. § 406(b) in the amount of $46,258.75. The court finds the 25% contingent-fee agreement reasonable and orders counsel to refund the $8,164.80 previously awarded under the Equal Access to Justice Act.

Holdings

1. The requested fee of $46,258.75 was reasonable and could be awarded under 42 U.S.C. § 406(b) because it complied with the 25-percent contingent-fee agreement, there was no evidence of fraud, overreaching, poor performance, or delay, and the effective hourly rate was reasonable in light of the work performed and the risk of nonrecovery.
2. After receiving the § 406(b) fee, plaintiff's counsel must refund to Herrera the $8,164.80 previously awarded under the Equal Access to Justice Act.

Questions Presented

1. Whether the 25-percent contingent-fee agreement and the resulting request for $46,258.75 constituted a reasonable fee under 42 U.S.C. § 406(b).
2. Whether counsel was required to refund the previously awarded Equal Access to Justice Act fees to Herrera after receiving the § 406(b) fee.

Disposition

other