Brandi G. v. Commissioner of Social Security

Summary

The United States District Court for the District of Oregon granted Plaintiff’s unopposed motion for attorney fees under 42 U.S.C. § 406(b) following a remand and award of past-due Social Security benefits. The court approved $33,149.50 in fees, representing approximately 19.5% of the past-due benefits, and directed that previously awarded EAJA fees be offset, resulting in a payment of $15,435.14 less applicable fees. The court found the requested fee reasonable under Gisbrecht v. Barnhart and Ninth Circuit precedent.

Holdings

1. A Social Security contingency-fee agreement is enforceable under 42 U.S.C. § 406(b) only within the statutory cap of 25 percent of the claimant's past-due benefits; the agreement and requested fee here satisfied that limitation.
2. The requested § 406(b) fee was reasonable and did not constitute an unwarranted windfall.
3. The § 406(b) award must be reduced by the EAJA fees previously received by Plaintiff's counsel, resulting in a payment of $15,435.14 before applicable processing or user fees.

Questions Presented

1. Whether the contingency-fee agreement complied with the 25 percent cap under 42 U.S.C. § 406(b)(1)(A).
2. Whether the requested § 406(b) fee of $33,149.50 was reasonable under the circumstances.
3. Whether the § 406(b) award had to be offset by previously awarded EAJA fees.

Disposition

other