Quintero-Esquilin v. Commissioner of Social Security

Summary

The United States District Court for the District of Puerto Rico addresses a petition for attorney's fees under Section 406(b) of the Social Security Act following a sentence-four remand and subsequent award of past-due benefits. The court finds the petition timely and the representation satisfactory, but reduces the requested fee from $9,625.00 to $9,075.00 to exclude time spent mailing summonses. Counsel must refund the plaintiff the $3,300.00 previously awarded under the Equal Access to Justice Act.

Holdings

1. A section 406(b) fee petition filed within 30 days after counsel's receipt of the original, amended, or corrected notice of award is timely under Local Rule 9(d)(2); counsel's petition was timely because it was filed nine days after the March 13, 2024 notice of award.
2. A court must independently review a section 406(b) contingency-fee request for reasonableness, even when the request is below the statutory and contractual 25-percent cap. The court awarded $9,075 rather than the requested $9,625 after deducting one hour for non-substantive service-related work.
3. When an attorney receives fee awards under both the EAJA and section 406(b), the attorney must refund the claimant the amount of the smaller fee; counsel therefore had to refund Plaintiff the $3,300 EAJA award.

Questions Presented

1. Whether counsel's section 406(b) fee petition was timely under Local Rule 9(d)(2).
2. Whether the requested section 406(b) fee was reasonable and within the statutory and contractual 25-percent cap.
3. Whether counsel was required to refund the previously awarded EAJA fee to Plaintiff.

Disposition

other