Noel Jorgensen 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)(A) following a favorable Social Security disability benefits decision on remand. The court awards Bryan Konoski, Esq. $20,981.50, representing 25% of Plaintiff’s past-due benefits, and directs counsel to remit the previously awarded $9,000.00 Equal Access to Justice Act fee to Plaintiff. The court finds the requested fee reasonable based on the contingency agreement, counsel’s time, the results achieved, and the absence of attorney-caused delay.

Holdings

1. A fee of $20,981.50, equal to 25 percent of Plaintiff's past-due benefits, was reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Upon receipt of the § 406(b) fee, Plaintiff's counsel must remit the previously awarded $9,000.00 EAJA fee to Plaintiff.

Questions Presented

1. Whether a fee of $20,981.50, representing 25 percent of Plaintiff's past-due Social Security benefits, was reasonable and permissible under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to remit the previously awarded $9,000.00 Equal Access to Justice Act fee to Plaintiff upon receipt of the § 406(b) fee.

Disposition

other