Janessica Pimentel Sanchez v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted counsel’s motion for $11,200 in attorney fees under 42 U.S.C. § 406(b) following a Sentence Six remand and a fully favorable Social Security disability decision. The court found the requested fee reasonable in light of the contingent-fee agreement, the benefits obtained, and the absence of dilatory conduct or substandard performance. The court denied counsel’s request to refund only part of the previously awarded EAJA fees and ordered a full refund of $6,800 to the plaintiff.

Holdings

1. The requested $11,200 § 406(b) fee was reasonable and did not require reduction because it represented approximately eight percent of the past-due benefits, was substantially below the contingent-fee agreement's 25 percent amount, and the record did not show substandard performance, undue delay, or an impermissible windfall.
2. When counsel receives fees under both § 406(b) and the EAJA for the same Social Security claim, counsel must refund the smaller fee to the claimant; here, counsel was required to refund the entire $6,800 EAJA award rather than only $1,100.

Questions Presented

1. Whether counsel's requested $11,200 attorney-fee award under 42 U.S.C. § 406(b) was reasonable.
2. Whether counsel was required to refund the entire $6,800 EAJA award or only the portion attributable to work performed in the district court.

Disposition

other