Summary
The United States District Court for the Eastern District of California grants counsel’s motion for attorney fees under 42 U.S.C. § 406(b) following a remand in a Social Security disability case and the subsequent award of past-due benefits. The court approves a gross fee of $12,300, finding the amount reasonable based on the contingent-fee agreement, counsel’s work, the favorable result, and the effective hourly rate. Counsel must refund the $5,748.36 in EAJA fees previously received by the plaintiff.
Holdings
- The requested $12,300 fee was reasonable and did not constitute a windfall; the court granted the motion for attorney fees under § 406(b).
- Counsel must refund directly to Gutierrez the $5,748.36 in EAJA fees previously received.
Questions Presented
- Whether counsel's requested $12,300 fee was reasonable under 42 U.S.C. § 406(b).
- Whether counsel was required to refund the previously awarded EAJA fee to the plaintiff after receiving the § 406(b) fee.
Disposition
other
Cases Cited (13)
- Gisbrecht v. Barnhart, 535 U.S. 789, 794 (2002)(followed)
- Gisbrecht v. Barnhart, 535 U.S. 789, 807-08 (2002)(followed)
- Hern v. Barnhart, 262 F. Supp. 2d 1033, 1037 (N.D. Cal. 2003)(followed)
- Crawford v. Astrue, 586 F.3d 1142, 1148-49 (9th Cir. 2009) (en banc)(followed)
- Vazquez v. Com'r of Soc. Sec., No. 1:17-CV-1646-JLT, 2020 WL 2793059, at *2 (E.D. Cal. May 29, 2020)(followed)
- Malta v. Comm'r of Soc. Sec., No. 1:18-CV-00415-CDB, 2024 WL 3618430, at *3 (E.D. Cal. Aug. 1, 2024)(followed)
- Coder v. Comm'r of Soc. Sec., No. 1:20-cv-00497-CDB, 2024 WL 1742026, at *3 (E.D. Cal. Apr. 23, 2024)(followed)
- Reyna v. Comm'r of Soc. Sec., No. 1:22-CV-00484-SAB, 2024 WL 4453046, at *2 (E.D. Cal. Oct. 9, 2024)(followed)
- Langston v. Saul, No. 1:18-CV-00273-SKO, 2020 WL 4501941, at *3 (E.D. Cal. Aug. 5, 2020)(followed)
- Ortega v. Comm'r of Soc. Sec., No. 1:12-cv-01030-AWI-SAB, 2015 WL 5021646, at *3 (E.D. Cal. Aug. 21, 2015)(followed)
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