Jayme Romero v. Frank Bisignano, 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) following a remand and favorable award of Social Security benefits. The court awarded $26,000 and ordered counsel to refund plaintiff the $5,900 previously awarded under the Equal Access to Justice Act.

Holdings

1. The requested $26,000 attorney fee was reasonable and could be awarded under § 406(b), because it was below the statutory twenty-five-percent ceiling and was supported by the favorable result, counsel's experience, the time spent, the absence of delay or substandard performance, and the risk of loss.
2. Upon receiving the § 406(b) award, counsel must refund plaintiff the $5,900 previously awarded under the Equal Access to Justice Act.

Questions Presented

1. Whether counsel's requested $26,000 fee under 42 U.S.C. § 406(b) was reasonable.
2. Whether counsel was required to refund the smaller EAJA award to plaintiff after receiving the § 406(b) fee.

Disposition

other