Benjamin G. v. Commissioner, Social Security Administration

Summary

The United States District Court for the District of Oregon awarded Plaintiff’s counsel $27,906.50 in attorney’s fees under 42 U.S.C. § 406(b) after reversing the Commissioner’s denial of Social Security disability benefits and remanding for calculation and award of benefits. The court directed that previously awarded EAJA fees of $8,395.58 be deducted from the § 406(b) award, leaving a balance of $19,510.92 payable to counsel.

Holdings

1. The requested attorney fee of $27,906.50 was reasonable and should be awarded under 42 U.S.C. § 406(b).
2. The Commissioner must subtract the $8,395.58 previously received under EAJA from the § 406(b) award and pay Plaintiff's attorney the remaining $19,510.92; any amount withheld after all administrative and court attorney fees are paid must be released to Plaintiff.

Questions Presented

1. Whether Plaintiff's requested attorney fee under 42 U.S.C. § 406(b) was reasonable.
2. How the § 406(b) fee should be paid in light of the $8,395.58 previously received under EAJA.

Disposition

approved