Jasbir Kaur v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted Plaintiff Jasbir Kaur’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a sentence-four remand and a subsequent award of disability benefits. The court awarded $12,200.00 and directed counsel to refund $7,500.00 previously awarded under the Equal Access to Justice Act.

Holdings

1. The requested $12,200 § 406(b) fee was reasonable and could be awarded.
2. Counsel had to refund $7,500 to Plaintiff as an offset for the previously awarded EAJA fees.

Questions Presented

1. Whether counsel's request for $12,200 in attorney's fees under 42 U.S.C. § 406(b) was reasonable.
2. Whether the § 406(b) award had to be offset by the $7,500 in EAJA fees previously awarded.

Disposition

other