Eric B. v. Frank J. Bisignano

Summary

The United States District Court for the District of Columbia grants Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a favorable Social Security benefits decision on remand. The Court approves a total fee of $25,000 but directs the Social Security Administration to disburse a net award of $18,960.32 after accounting for the prior Equal Access to Justice Act fee award.

Holdings

1. The Court approved Plaintiff's counsel's total requested fee of $25,000 under 42 U.S.C. § 406(b) as reasonable because it was within the 25 percent statutory cap and was supported by the quality and efficiency of the representation, the favorable result, the absence of delay, the difficulty and risk of the case, and counsel's experience.
2. The Court authorized SSA to pay counsel only the net § 406(b) amount of $18,960.32, thereby accounting for the prior $6,039.68 EAJA award without requiring counsel to receive the full § 406(b) amount and separately refund the EAJA award to Plaintiff.

Questions Presented

1. Whether Plaintiff's counsel's requested $25,000 contingent fee was reasonable and within the statutory limit of 42 U.S.C. § 406(b)(1)(A).
2. Whether the prior EAJA fee award should be handled by requiring counsel to refund it to Plaintiff or by reducing the § 406(b) payment to a net award paid directly by SSA.

Disposition

other