Nitza Rivera-Colón v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Puerto Rico granted Attorney Pedro Cruz-Sánchez’s petition for $5,500 in attorney’s fees under 42 U.S.C. § 406(b) for representing Nitza Rivera-Colón in federal court. The court found the motion timely and the requested fee reasonable, and ordered counsel to refund the previously awarded EAJA fee to the plaintiff.

Holdings

1. A section 406(b) fee motion is timely when filed within thirty days after counsel receives the original, amended, or corrected Notice of Award or qualifying Social Security correspondence stating the amount withheld. Counsel's motion was timely because it was filed twenty days after receipt of the Notice of Award.
2. The Court may authorize a reasonable contingency fee under section 406(b), not exceeding 25 percent of the claimant's past-due benefits. The requested $5,500 fee was reasonable because it complied with the statutory cap and contingency agreement, counsel's representation was not substandard, counsel did not cause undue delay, and the effective hourly rate was not disproportionate.
3. When counsel receives both an EAJA fee award and a section 406(b) fee award for the same representation, counsel must refund the smaller fee amount to the claimant.

Questions Presented

1. Whether counsel's section 406(b) fee motion was timely under D.P.R. Local Civ. R. 9(d)(2).
2. Whether a requested $5,500 section 406(b) contingency fee was reasonable and within the statutory 25 percent cap.
3. Whether counsel was required to refund the previously awarded EAJA fee to Plaintiff.

Disposition

other