Wendy Gay Morgan v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted Plaintiff Wendy Gay Morgan’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a sentence-four remand and an award of retroactive Social Security benefits. The court awarded $33,483.43 and directed counsel to refund $7,500.00 to Plaintiff to account for previously awarded EAJA fees.

Holdings

1. The requested $33,483.43 fee was reasonable and appropriate under 42 U.S.C. § 406(b), based on the contingency-fee agreement, the successful result, the 39.9 hours expended, counsel's experience, and the absence of inflated time.
2. The § 406(b) award must be offset by the prior $7,500.00 EAJA award, and Counsel must refund that amount to Plaintiff.

Questions Presented

1. Whether Counsel's requested $33,483.43 fee under 42 U.S.C. § 406(b) was reasonable and within the statutory 25% limit.
2. Whether the § 406(b) award had to be offset by the previously awarded $7,500.00 in EAJA fees.

Disposition

other