Burgos-Suarez v. Bisignano

Summary

The United States District Court for the District of Puerto Rico granted Attorney Pedro Cruz-Sánchez’s petition for $20,000 in attorney’s fees under § 406(b) of the Social Security Act. The court found the request timely and reasonable following a sentence-four remand and a favorable agency decision, and ordered counsel to refund the previously awarded EAJA fee to the plaintiff.

Holdings

1. A motion for fees under § 406(b) is timely when filed within thirty days after counsel receives the Notice of Award, and counsel's March 5, 2026 motion was timely because counsel received the Notice of Award on March 3, 2026.
2. The requested $20,000 fee was reasonable and could be awarded under § 406(b) because it complied with the contingency agreement, did not exceed the statutory 25 percent cap, counsel's representation was not substandard or delayed, the representation produced a remand and favorable benefits award, and the effective hourly rate was reasonable in light of comparable awards.
3. Because counsel received an EAJA award, counsel must refund the previously awarded EAJA amount to Plaintiff after receiving the § 406(b) fee.

Questions Presented

1. Whether counsel's motion for fees under 42 U.S.C. § 406(b) was timely under D.P.R. Local Civil Rule 9(d)(2).
2. Whether a requested $20,000 contingent fee was reasonable and within the statutory 25 percent cap.
3. Whether counsel was required to refund the smaller EAJA award to Plaintiff upon receiving the § 406(b) fee.

Disposition

other