Summary
The United States District Court for the District of Kansas approved a $4,959 attorney-fee award under 42 U.S.C. § 406(b) in a Social Security disability case remanded for further proceedings. The court found the fee reasonable, subject to the statutory limitation, and ordered counsel to refund the previously awarded $900.91 Equal Access to Justice Act fee to the plaintiff.
Holdings
- The requested $4,959.00 fee was reasonable under 42 U.S.C. § 406(b) and did not exceed the statutory 25 percent limit on past-due benefits.
- Counsel must refund the $900.91 EAJA fee award to Plaintiff because the EAJA award was the smaller fee.
Questions Presented
- Whether the requested $4,959.00 attorney fee was reasonable and permissible under 42 U.S.C. § 406(b).
- Whether counsel was required to refund the previously awarded Equal Access to Justice Act fee to Plaintiff.
Disposition
other
Cases Cited (13)
- McGraw v. Barnhart, 450 F.3d 493, 497-98 (10th Cir. 2006)(followed)
- Gisbrecht v. Barnhart, 535 U.S. 789, 807-08 (2002)(followed)
- Gordon v. Astrue, 361 F. App’x 933, 935-36 (10th Cir. 2010)(followed)
- McGuire v. Sullivan, 873 F.2d 974, 983 (7th Cir. 1989)(considered)
- United States v. McComb, 519 F.3d 1049, 1054 (10th Cir. 2007)(followed)
- Madrigal v. Kijakazi, Civ. A. No. 19-2429-JWL, 2021 WL 4860555 (D. Kan. Oct. 19, 2021)(considered)
- Gardipee v. Saul, Civ. A. No. 20-1001-JWL, 2021 WL 826206, at *3 (D. Kan. Mar. 4, 2021)(considered)
- Morris v. Kijakazi, Civ. A. No. 19-1133-JWL, 2021 WL 5769365 (D. Kan. Dec. 6, 2021)(considered)
- Rogers v. Saul, Civ. A. No. 19-1134-JWL, 2022 WL 17718655 (D. Kan. Dec. 15, 2022)(considered)
- Schlein v. Kijakazi, Civ. A. No. 21-1180-JWL, 2023 WL 5952025 (D. Kan. Sept. 13, 2023)(considered)
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Cited In (0)
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Court Document
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