Bock v. Commissioner of Social Security

Summary

The United States District Court for the District of Maryland partially granted Plaintiff’s amended motion for attorney’s fees under 42 U.S.C. § 406(b) in Bock v. Commissioner of Social Security. The court awarded $26,950.00, calculated at $1,400 per hour for 19.25 hours of federal-court work, rather than the requested $30,918.50. Counsel was directed to reimburse the plaintiff for fees previously received under the Equal Access to Justice Act.

Holdings

1. A contingent-fee agreement in a Social Security case is subject to independent judicial review, and the court may reduce the requested fee if the resulting compensation is unreasonable or would constitute a windfall. An effective hourly rate of $1,400 for 19.25 hours was reasonable in this case, but the requested $30,918.50 fee was not approved in full.
2. Counsel receiving a § 406(b) fee must reimburse the plaintiff for fees previously received under the EAJA.

Questions Presented

1. Whether the requested attorney's fee under 42 U.S.C. § 406(b) was reasonable and did not constitute a windfall to counsel.
2. Whether counsel should be required to reimburse plaintiff for fees previously received under the Equal Access to Justice Act.

Disposition

other