Jennifer L. R. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Connecticut grants Plaintiff’s motion for approval of attorney’s fees under 42 U.S.C. § 406(b). The court approves $25,449.00 in fees from withheld past-due benefits, finding the amount reasonable and not a windfall, and directs counsel to refund previously awarded EAJA fees and $9,200 in benefits received directly from the Social Security Administration.

Holdings

1. The fee motion was timely because it was filed within 14 days after the Administration's notice of award, calculated with the applicable presumption that notice is received three days after mailing.
2. A contingent fee equal to 25 percent of past-due benefits may be approved when the attorney demonstrates that it is reasonable for the services rendered and does not constitute a windfall.
3. Counsel must refund to plaintiff the previously awarded EAJA fee of $4,553.96 and the $9,200.00 payment received directly from withheld past-due benefits.

Questions Presented

1. Whether the motion for approval of attorney's fees under 42 U.S.C. § 406(b) was timely.
2. Whether the contingent fee agreement and requested fee of $25,449.00 were reasonable under § 406(b), rather than excessive, the product of fraud or overreaching, or a windfall.
3. Whether counsel was required to refund the previously awarded EAJA fee and the $9,200.00 payment received from withheld past-due benefits to plaintiff.

Disposition

approved