Jesse Wampole v. Commissioner of Social Security Administration

Summary

The United States District Court for the District of Arizona granted a motion for attorney fees under 42 U.S.C. § 406(b) following a favorable Social Security disability benefits decision on remand. The court approved a total fee of $9,258.50, representing 25% of past-due benefits, and awarded counsel the net amount of $1,108.50 after subtracting $8,150.00 previously awarded under the Equal Access to Justice Act.

Holdings

1. The requested $9,258.50 fee was within the statutory 25-percent limit, consistent with the fee agreement, and reasonable under Gisbrecht; the court therefore approved the § 406(b) fee.
2. The court awarded counsel $1,108.50, the net amount of the $9,258.50 § 406(b) fee after deducting the previously awarded $8,150.00 in EAJA fees.

Questions Presented

1. Whether the requested fee of $9,258.50 was permissible and reasonable under 42 U.S.C. § 406(b) and the contingent-fee agreement.
2. Whether the previously awarded $8,150.00 in EAJA fees should be deducted from the § 406(b) award rather than separately refunded by counsel.

Disposition

other