Danielle F. v. Commissioner of Social Security

Summary

The United States District Court for the District of New Jersey granted Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a favorable remand in a Social Security disability benefits action. The court awarded $30,600, subject to the statutory 25-percent cap, and directed counsel to remit the previously awarded $7,000 Equal Access to Justice Act fee to the plaintiff. The court also ordered the case reopened for the fee ruling and then reclosed.

Holdings

1. The requested $30,600 attorney's fee was reasonable under 42 U.S.C. § 406(b) and did not exceed the statutory 25-percent limit on past-due benefits.
2. Because counsel received both a § 406(b) fee and a prior EAJA fee, counsel must remit the $7,000 EAJA award to Plaintiff.

Questions Presented

1. Whether counsel's requested $30,600 contingent fee under 42 U.S.C. § 406(b) was within the statutory limit and reasonable for the services rendered.
2. Whether counsel was required to refund the prior $7,000 EAJA fee award to Plaintiff after receiving the § 406(b) award.

Disposition

other