Kimberly Sue Manor v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants Plaintiff Kimberly Sue Manor’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a remand and award of past-due Social Security benefits. The court awards counsel $23,700, finding the fee reasonable under the contingent-fee agreement, the statutory cap, the results obtained, and the time expended. Counsel is directed to remit $6,300 in previously awarded EAJA fees to Plaintiff.

Holdings

1. A fee request within the statutory 25-percent ceiling is not automatically recoverable; the court must review the contingent-fee agreement and determine whether the requested fee is reasonable for the services rendered. The requested $23,700 fee was reasonable.
2. When counsel receives a § 406(b) fee award after previously receiving EAJA fees for the same representation, counsel must remit the EAJA amount to the claimant.

Questions Presented

1. Whether the requested $23,700 attorney's fee under 42 U.S.C. § 406(b) was reasonable.
2. Whether the § 406(b) award had to be offset by the $6,300 in previously awarded EAJA fees and remitted to Plaintiff.

Disposition

other