Ronald Citta v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of New Jersey granted Plaintiff Ronald Citta’s motion for attorney’s fees under 42 U.S.C. § 406(b) in the amount of $36,899.00. The court found the fee reasonable based on the favorable result, counsel’s work, the contingency-fee risk, and the effective hourly rate, and directed counsel to remit the previously awarded $7,500.00 EAJA fee to Plaintiff.

Holdings

1. A court may award a reasonable fee for successful representation of a Social Security claimant, capped at 25 percent of the claimant's past-due benefits, and the requested $36,899 fee was reasonable under the circumstances.
2. Upon receipt of the § 406(b) fee, Plaintiff's counsel must remit the previously awarded $7,500 EAJA fee to Plaintiff.

Questions Presented

1. Whether the requested $36,899 attorney-fee award was reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to remit the previously awarded $7,500 EAJA fee to Plaintiff upon receipt of the § 406(b) fee.

Disposition

other