David L. T. v. Frank Bisignano

Summary

The United States District Court for the District of New Mexico grants Plaintiff’s motion for attorney fees under 42 U.S.C. § 406(b) following a remand in a Social Security disability-benefits case. The Court authorizes $37,656.00 in fees from past-due benefits and requires counsel to refund the previously awarded $6,800.00 Equal Access to Justice Act fee to Plaintiff.

Holdings

1. The court may award a reasonable fee under 42 U.S.C. § 406(b) after a remand followed by an award of past-due benefits, but the award may not exceed 25 percent of the claimant's past-due benefits.
2. The requested $37,656 fee was reasonable and appropriate under § 406(b).
3. Because counsel received both EAJA and § 406(b) fees, counsel must refund the lesser EAJA award of $6,800 to Plaintiff.

Questions Presented

1. Whether the contingency-fee agreement and requested $37,656 attorney-fee award satisfied the requirements of 42 U.S.C. § 406(b).
2. Whether the requested § 406(b) fee was reasonable in light of the representation, results achieved, delay, time spent, attorney experience, and effective hourly rate.
3. Whether counsel was required to refund the lesser EAJA award after receiving fees under both EAJA and § 406(b).

Disposition

other