Pires v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted plaintiff's counsel's motion for attorney's fees under 42 U.S.C. § 406(b) following a favorable remand outcome in a Social Security case. The court awarded $18,064.70 from withheld past-due benefits and ordered counsel to reimburse the plaintiff $4,811.75 in previously awarded EAJA fees.

Holdings

1. A contingent-fee award under § 406(b) may be approved when it is consistent with the fee agreement and reasonable in light of the quality of representation, absence of dilatory conduct, results achieved, time spent, and risk undertaken; the requested $18,064.70 fee was reasonable here.
2. When § 406(b) fees are awarded after a claimant has received EAJA fees for the same representation, counsel must reimburse the claimant for the previously awarded EAJA amount.

Questions Presented

1. Whether counsel's requested fee under 42 U.S.C. § 406(b) was reasonable and should be awarded from the claimant's past-due Social Security benefits.
2. Whether counsel was required to reimburse the claimant for previously awarded Equal Access to Justice Act fees.

Disposition

other