Melissa C. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Connecticut granted counsel's motion for attorney's fees under 42 U.S.C. § 406(b) in the amount of $33,472.50. The court found the requested contingency fee reasonable under the applicable factors and ordered counsel to refund the previously awarded $9,000 EAJA fee to the plaintiff.

Holdings

1. A contingency-fee request of $33,472.50, representing 25 percent of the plaintiff's combined past-due benefits, was reasonable and should be approved under 42 U.S.C. § 406(b)(1)(A).
2. After receiving the § 406(b) fee for the same work, counsel must refund the $9,000 EAJA award to the plaintiff.

Questions Presented

1. Whether counsel's requested fee of $33,472.50, equal to 25 percent of the plaintiff's combined past-due benefits, was reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to refund the previously awarded $9,000 EAJA fee to the plaintiff after receiving the § 406(b) fee.

Disposition

other