Susan Marie Kuhn v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted Plaintiff Susan Marie Kuhn’s motion for attorney’s fees under 42 U.S.C. § 406(b) after remanding her Social Security benefits case and her subsequent award of past-due benefits. The court awarded counsel $29,075 and directed counsel to remit $7,100 in previously received EAJA fees to Plaintiff.

Holdings

1. The requested $29,075 fee was reasonable and could be awarded under 42 U.S.C. § 406(b), notwithstanding that it represented the statutory maximum of 25% of Plaintiff's past-due benefits.
2. Counsel was required to remit the previously awarded $7,100 in EAJA fees to Plaintiff after receiving the § 406(b) fee.

Questions Presented

1. Whether the requested $29,075 contingent fee, equal to 25% of Plaintiff's past-due benefits, was reasonable under 42 U.S.C. § 406(b).
2. Whether counsel was required to offset or remit to Plaintiff the $7,100 in EAJA fees previously awarded.

Disposition

other