Mark Higginbotham v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of New Jersey grants Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b)(1). The court awards counsel $26,040.50, representing 25% of Plaintiff’s past-due Social Security benefits, and directs counsel to remit previously awarded EAJA fees of $7,200.00 to Plaintiff.

Holdings

1. The requested fee of $26,040.50, representing 25 percent of Plaintiff's past-due benefits, was reasonable and was approved.
2. Upon receipt of the § 406(b) fee, Plaintiff's counsel was directed to remit the previously awarded $7,200.00 in EAJA fees to Plaintiff.

Questions Presented

1. Whether Plaintiff's counsel was entitled to a reasonable attorney's fee under 42 U.S.C. § 406(b)(1)(A) in the amount of 25 percent of Plaintiff's past-due benefits.
2. Whether counsel was required to remit the previously awarded $7,200.00 in EAJA fees to Plaintiff upon receipt of the § 406(b) fee.

Disposition

other