Monica Arroyo 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’s fees under 42 U.S.C. § 406(b) in a Social Security judicial-review action. The court awarded $16,150.00 from withheld past-due benefits and ordered counsel to reimburse the plaintiff $7,218.48 previously received under the Equal Access to Justice Act.

Holdings

1. The 25 percent statutory maximum is not an automatic entitlement; the court must determine whether the fee requested is reasonable for the services rendered.
2. The requested $16,150.00 fee was reasonable and was properly awarded under § 406(b).
3. The § 406(b) award must be offset by the prior EAJA award, and counsel must reimburse Plaintiff $7,218.48 previously paid under the EAJA.

Questions Presented

1. Whether Plaintiff's counsel was entitled to a reasonable attorney's-fee award under 42 U.S.C. § 406(b) after a favorable judgment and remand resulting in an award of past-due benefits.
2. Whether the requested $16,150.00 fee was reasonable under the contingent-fee agreement and the factors identified in Gisbrecht v. Barnhart.
3. Whether the § 406(b) award must be offset by the prior EAJA fee award.

Disposition

other