Juan Carlos Parra v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted plaintiff’s counsel’s unopposed motion for attorney’s fees under 42 U.S.C. § 406(b). The court awarded $33,389.50, representing 25% of the plaintiff’s past-due Social Security benefits, after finding the fee reasonable based on counsel’s performance, the result achieved, the absence of delay, and the 32.1 hours expended. Counsel was ordered to refund the previously awarded $7,000 EAJA fee to the plaintiff.

Holdings

1. The requested attorney's fee of $33,389.50 was reasonable and could be awarded under 42 U.S.C. § 406(b).
2. A § 406(b) fee may not exceed 25% of the past-due benefits to which the claimant is entitled by reason of the favorable judgment.
3. Counsel receiving the § 406(b) award must refund the previously awarded $7,000 EAJA fee to plaintiff.

Questions Presented

1. Whether plaintiff's counsel was entitled to an award of attorney's fees under 42 U.S.C. § 406(b).
2. Whether the requested fee of $33,389.50, equal to 25% of plaintiff's past-due benefits, was reasonable.
3. Whether the § 406(b) award had to be offset by the prior $7,000 EAJA award.

Disposition

approved