James C. v. Commissioner of Social Security

Summary

The United States District Court for the District of New Jersey grants Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b). The court awards counsel $33,260.50, representing 25 percent of the claimant’s past-due Social Security benefits, and directs counsel to refund the previously awarded $6,000 EAJA fee to the plaintiff. The order finds the contingent fee reasonable based on the favorable result, hours expended, risks of non-recovery, and applicable fee-award factors.

Holdings

1. The requested $33,260.50 fee, representing 25 percent of Plaintiff’s past-due benefits, was reasonable and allowable under § 406(b).
2. Counsel must remit the previously awarded $6,000 EAJA fee to Plaintiff.

Questions Presented

1. Whether counsel’s requested fee of $33,260.50 under 42 U.S.C. § 406(b), equal to 25 percent of Plaintiff’s past-due benefits, was reasonable.
2. Whether counsel was required to remit the previously awarded $6,000 EAJA fee to Plaintiff.

Disposition

other