Macquarrie 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 $19,000.46, representing 25% of Plaintiff’s past-due Social Security benefits, and found the fee reasonable based on counsel’s performance, the successful result, and 24.1 hours of work. Counsel was ordered to reimburse Plaintiff the previously awarded $5,000 EAJA fee.

Holdings

1. The requested $19,000.46 fee was reasonable and did not constitute a windfall because counsel achieved a successful result, did not cause delay, and reasonably spent 24.1 hours litigating the case.
2. The § 406(b) award must be offset by the $5,000 previously awarded under the Equal Access to Justice Act, and counsel must reimburse that amount to Plaintiff after receiving the § 406(b) fees.

Questions Presented

1. Whether counsel's requested fee of $19,000.46 under 42 U.S.C. § 406(b), equal to 25 percent of Plaintiff's past-due benefits, was reasonable.
2. Whether the § 406(b) award had to be offset by the previously awarded EAJA fees.

Disposition

other