Denise Painter Roberts v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Delaware grants Denise Painter Roberts’s motion for attorney’s fees under § 406(b) of the Social Security Act. The court authorizes payment of $10,762.50 to counsel from withheld past-due benefits and requires counsel to refund $6,115.00 in previously received EAJA fees to the plaintiff. The court finds the requested fee reasonable and within the statutory 25 percent limitation.

Holdings

1. An award of attorney's fees under 42 U.S.C. § 406(b) may not exceed 25 percent of the claimant's total past-due benefits; the requested $10,762.50 fee, together with the $7,200.00 hearing-representative fee, did not exceed that limit.
2. The requested $10,762.50 contingent fee was reasonable and was authorized for payment from Roberts's withheld past-due benefits.
3. Upon receipt of the § 406(b) fee, counsel must remit $6,115.00 directly to Roberts, representing the EAJA fees previously paid on her behalf.

Questions Presented

1. Whether the requested attorney's fee under 42 U.S.C. § 406(b) was within the statutory 25-percent cap.
2. Whether the requested § 406(b) fee was reasonable in light of the results obtained, time spent, counsel's experience, contingent-fee risk, and the absence of attorney-caused delay.

Disposition

other