Kiara R. v. Commissioner of Social Security

Summary

The United States District Court for the District of New Jersey granted counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b)(1)(A) in a Social Security disability case. The court approved $19,464.75, representing 25% of the claimant’s past-due benefits, and directed counsel to refund the $8,500 previously awarded under the Equal Access to Justice Act. The court found the fee reasonable based on the representation, results achieved, timeliness, hourly equivalent, and fee agreement.

Holdings

1. The requested $19,464.75 fee was reasonable and could be awarded under 42 U.S.C. § 406(b)(1)(A) because it did not exceed 25 percent of Plaintiff's past-due benefits and was supported by the successful representation, the absence of attorney-caused delay, the hours worked, and the lawful contingency-fee agreement.
2. Because counsel had already received $8,500 under the EAJA, counsel was required to refund that lesser fee to Plaintiff upon receipt of the $19,464.75 § 406(b) award.

Questions Presented

1. Whether counsel's request for $19,464.75 in attorney's fees 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 refund the previously awarded $8,500 EAJA fee to Plaintiff upon receipt of the § 406(b) fee.

Disposition

other