Duane C. v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Maine granted Attorney David Chase’s motion for $38,209.50 in attorney fees under 42 U.S.C. § 406(b)(1) for representing Duane C. in Social Security disability proceedings. The court found the fee consistent with the contingent-fee agreement, the statutory 25 percent limit, and applicable reasonableness standards. The award is subject to Attorney Chase refunding the previously awarded Equal Access to Justice Act amount to the plaintiff.

Holdings

1. The requested fee of $38,209.50, or 25 percent of Plaintiff's past-due benefits, whichever is less, was permissible and reasonable under 42 U.S.C. § 406(b)(1)(A).
2. After receiving the § 406(b) fee, counsel must refund to Plaintiff the amount of the earlier EAJA award, because the smaller of the EAJA and § 406(b) awards must be returned to the claimant.

Questions Presented

1. Whether the requested contingent fee of $38,209.50, representing 25 percent of Plaintiff's past-due benefits, was permissible and reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to refund the prior EAJA fee award to Plaintiff after receiving the § 406(b) fee.

Disposition

other