Hinson v. Commissioner of Social Security

Summary

The United States District Court for the District of Maryland partially granted Plaintiff's motion for attorney's fees under 42 U.S.C. § 406(b) following a successful Social Security appeal. The court determined that an hourly rate of $1,400 for 11.50 hours of work was reasonable and awarded $16,100.00, subject to counsel's reimbursement of fees previously received under the Equal Access to Justice Act.

Holdings

1. A contingent-fee agreement does not automatically establish a reasonable fee under section 406(b); the court must independently review the requested fee in light of the representation, results achieved, time expended, customary hourly rate, and potential windfall.
2. The requested $22,064.50 fee was not reasonable on the record; an hourly rate of $1,400 for 11.50 hours, resulting in a total fee of $16,100.00, was reasonable.
3. Counsel must reimburse Plaintiff for the fees previously received under the EAJA.

Questions Presented

1. Whether the requested attorney's fee under 42 U.S.C. § 406(b) was reasonable.
2. Whether an award of $22,064.50 for 11.50 hours of federal-court work would constitute an unreasonable windfall.
3. What amount of section 406(b) fees should be awarded after considering the contingent-fee agreement, the results obtained, the hours worked, and counsel's customary billing rate.

Disposition

other