SB v. Commissioner of Social Security Administration

Summary

The United States District Court for the District of Arizona granted Plaintiff’s counsel’s motion for attorney fees under 42 U.S.C. § 406(b) following a favorable Social Security disability determination on remand. The court approved $78,668.50, representing 25% of the past-due benefits, and ordered counsel to refund the previously awarded $21,568.70 in Equal Access to Justice Act fees to the plaintiff.

Holdings

1. A requested § 406(b) fee equal to 25 percent of past-due benefits is reasonable where the claimant agreed to that contingent fee, counsel provided competent and diligent representation without undue delay, the result was favorable, and the effective hourly rate was not an unwarranted windfall.
2. When counsel receives fees under both the EAJA and § 406(b), counsel must refund the smaller fee to the claimant.

Questions Presented

1. Whether counsel's requested fee of $78,668.50, equal to 25 percent of the past-due benefits, was reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to refund the previously awarded EAJA fees to Plaintiff after receiving the § 406(b) fee.

Disposition

other