Gordon v. Bisignano

Summary

The United States District Court for the District of Kansas grants Plaintiff Darwin T. Gordon’s motion for attorney fees under § 406(b) of the Social Security Act. The court approves a fee of $14,041.25, representing 25 percent of the claimant’s past-due benefits, and directs that the fee be paid from benefits withheld by the Commissioner, with any shortage payable by the plaintiff.

Holdings

1. A district court may approve a contingent attorney-fee award payable from a claimant's past-due Social Security benefits, subject to the statutory ceiling of 25 percent and the court's independent review for reasonableness.
2. The requested fee of $14,041.25, representing 25 percent of Plaintiff's $56,165.00 in past-due benefits, was reasonable under the circumstances and was approved.

Questions Presented

1. Whether the court should approve Plaintiff's requested attorney fee of $14,041.25 under 42 U.S.C. § 406(b)(1)(A).
2. Whether a fee equal to 25 percent of Plaintiff's past-due benefits was reasonable under the contingent-fee agreement and the factors identified in Gisbrecht v. Barnhart.

Disposition

other