Carter Alan Moore v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants plaintiff’s counsel’s motion for attorney fees under 42 U.S.C. § 406(b). The court awards $21,780.00 for 31.8 hours of work, subject to a $6,371.92 offset for fees previously awarded under the Equal Access to Justice Act, which counsel must refund to the plaintiff. The court finds the requested fee reasonable based on counsel’s representation, the successful remand, and the resulting award of more than $123,000 in past-due benefits.

Holdings

1. The requested $21,780 fee for 31.8 hours was reasonable and could be awarded under 42 U.S.C. § 406(b).
2. The $21,780 § 406(b) award was subject to an offset of $6,371.92 previously awarded under the EAJA, and counsel was required to refund the offset amount to the plaintiff.

Questions Presented

1. Whether counsel's requested $21,780 attorney-fee award under 42 U.S.C. § 406(b) was reasonable.
2. Whether the § 406(b) award had to be offset by the $6,371.92 previously awarded under the Equal Access to Justice Act.

Disposition

other