David Payne 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 fees under 42 U.S.C. § 406(b). The court awarded $9,533.46 for 19.5 hours of work, subject to a $3,960.00 offset for fees previously awarded under the Equal Access to Justice Act, which counsel must refund to plaintiff.

Holdings

1. A fee request within the 25-percent statutory ceiling is not automatically payable; the court must independently review the requested fee for reasonableness in light of the services rendered and the results achieved.
2. The requested $9,533.46 fee for 19.5 hours of work was reasonable and should be awarded.
3. The $9,533.46 § 406(b) award must be offset by the $3,960.00 previously awarded under the Equal Access to Justice Act, and counsel must refund the offset amount to plaintiff.

Questions Presented

1. Whether counsel's requested $9,533.46 attorney-fee award was reasonable under 42 U.S.C. § 406(b).
2. Whether the § 406(b) award had to be offset by the $3,960.00 previously awarded under the Equal Access to Justice Act.

Disposition

other