Minerva Garza v. 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). The court approved a gross fee award of $28,770.25, representing 25% of the plaintiff’s past-due Social Security benefits, and directed counsel to remit previously awarded EAJA fees of $7,000 to the plaintiff. The court found the contingency fee reasonable based on the favorable result, counsel’s performance, the time expended, and comparable fee awards.

Holdings

1. The requested gross fee of $28,770.25, equal to 25 percent of Plaintiff's past-due benefits, was reasonable and should be awarded because counsel achieved a favorable result, performed adequately without delay, expended a reasonable amount of time, and the effective hourly rate was not an impermissible windfall.
2. Upon receiving the § 406(b) award, counsel must remit directly to Plaintiff the previously awarded EAJA fees of $7,000.00.

Questions Presented

1. Whether counsel's requested fee of $28,770.25, equal to 25 percent of Plaintiff's past-due benefits, was reasonable under 42 U.S.C. § 406(b).
2. Whether counsel was required to refund the previously awarded $7,000.00 in EAJA fees upon receiving the § 406(b) award.

Disposition

other