Summary
The United States District Court for the Eastern District of California granted Karen Bell’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a successful Social Security disability benefits claim and sentence-four remand. The court awarded $26,947.23 and required counsel to refund $6,522.02 previously awarded under the Equal Access to Justice Act.
Holdings
- The requested $26,947.23 fee was reasonable and appropriate under 42 U.S.C. § 406(b).
- Counsel must refund $6,522.02 to Bell as an offset for the EAJA fees previously awarded.
Questions Presented
- Whether counsel's requested $26,947.23 fee under 42 U.S.C. § 406(b) was reasonable and within the statutory 25-percent limit.
- Whether the § 406(b) award had to be offset by the $6,522.02 previously awarded under the Equal Access to Justice Act.
Disposition
other
Cases Cited (5)
- Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002)(followed)
- Biggerstaff v. Saul, 840 F. App'x 69, 70-71 (9th Cir. 2020)(followed)
- Crawford v. Astrue, 586 F.3d 1142, 1147, 1151, 1153 (9th Cir. 2009)(followed)
- Parrish v. Commissioner of Social Security Administration, 698 F.3d 1215, 1219 (9th Cir. 2012)(followed)
- Mayfield v. Commissioner of Social Security, No. 1:16-cv-01084-SAB, ECF No. 24 at 5 (E.D. Cal. March 19, 2020)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…