Wertz v. Commissioner of Social Security

Summary

The United States District Court for the District of Maryland partially granted Emily Wertz’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a successful Social Security appeal. The court awarded counsel $25,900, based on an hourly rate of $1,400 for 18.50 hours, and directed counsel to reimburse the claimant for previously received EAJA fees.

Holdings

1. A court must independently review a contingent-fee agreement under section 406(b) to ensure that the resulting fee is reasonable in the particular case and does not constitute a windfall to the attorney.
2. Counsel was entitled to $25,900.00, but not the full requested amount, because $1,400.00 per hour for 18.50 hours was reasonable while the requested effective rate of $1,824.11 per hour was not sufficiently justified.
3. Counsel must reimburse Wertz for the EAJA fees previously received.

Questions Presented

1. Whether counsel's requested fee of $33,746.00 under 42 U.S.C. § 406(b) was reasonable.
2. Whether the court should reduce the requested fee because its effective hourly rate would constitute an unreasonable windfall.

Disposition

other