Cliofas Alaniz v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a sentence-four remand and subsequent award of Social Security benefits. The court approved $21,539.95, representing 25 percent of the claimant’s past-due benefits, subject to an offset and refund of $5,072.00 previously awarded under the Equal Access to Justice Act. The court found the requested fee reasonable in light of the contingent-fee agreement, results achieved, and counsel’s 23.8 hours of work.

Holdings

1. The court authorized the requested $21,539.95 fee because it did not exceed 25 percent of Plaintiff's past-due benefits and was reasonable in light of the contingent-fee agreement, the successful remand and benefits award, counsel's performance, the absence of significant delay or substandard conduct, and the benefits obtained.
2. The § 406(b) award must be offset by the prior $5,072.00 EAJA award, and counsel must refund $5,072.00 to Plaintiff.

Questions Presented

1. Whether counsel's requested attorney's fee of $21,539.95, equal to 25 percent of Plaintiff's past-due Social Security benefits, was reasonable and should be authorized under 42 U.S.C. § 406(b).
2. Whether the § 406(b) award had to be offset by the prior $5,072.00 EAJA fee award and refunded to Plaintiff.

Disposition

other