Deais P. Clark v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Montana grants Plaintiff Deais P. Clark’s motion for attorney’s fees under 42 U.S.C. § 406(b)(1). The court finds that the requested $40,482.75 fee, representing the remaining portion of withheld past-due benefits after administrative fees, is reasonable under Gisbrecht v. Barnhart and related Ninth Circuit precedent. The court concludes that counsel obtained a successful remand and favorable Social Security disability determination and did not cause the lengthy administrative proceedings.

Holdings

1. The requested $40,482.75 attorney-fee award did not exceed 25 percent of Clark's past-due benefits and therefore complied with the statutory cap.
2. The requested $40,482.75 award was reasonable under the circumstances and was properly granted.

Questions Presented

1. Whether the requested attorney-fee award under 42 U.S.C. § 406(b)(1) was within the statutory 25 percent cap.
2. Whether the contingent-fee agreement and requested $40,482.75 award were reasonable in light of the character and results of counsel's representation, responsibility for delay, and proportionality to the time expended.

Disposition

other