Kent Bourbon v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of Missouri grants Plaintiff’s attorney’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a sentence-four remand in a Social Security case and a fully favorable benefits decision. The court awards counsel $25,663.00, representing 25% of the past-due benefits, and directs counsel to refund the previously awarded $6,407.80 EAJA fee to the plaintiff.

Holdings

1. The court grants the motion and awards $25,663.00 in attorney's fees under 42 U.S.C. § 406(b)(1)(A), finding the contingency fee agreement reasonable after an independent check.

Questions Presented

1. Whether an award of $25,663.00 in attorney's fees under 42 U.S.C. § 406(b) is reasonable for 25.5 hours of court work where the contingency fee agreement provides for 25% of past-due benefits.

Disposition

other