Lisa Marie Bedore v. Frank Bisignano

Summary

The United States District Court for the Eastern District of Missouri grants Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a successful Social Security benefits remand. The court awards counsel $22,805.00, representing 25% of Plaintiff’s past-due benefits less fees previously awarded under § 406(a), and finds the amount reasonable under Gisbrecht v. Barnhart and related Eighth Circuit authority. Counsel must refund Plaintiff the $6,500.00 previously awarded under the Equal Access to Justice Act.

Holdings

1. The court may award counsel a fee under 42 U.S.C. § 406(b)(1)(A) not exceeding 25 percent of the claimant's past-due benefits, and the requested $22,805.00 fee was reasonable in this case.
2. Because counsel received fees under both the EAJA and § 406(b), counsel must refund Plaintiff the smaller previously awarded EAJA fee of $6,500.00.

Questions Presented

1. Whether Plaintiff's counsel was entitled to an award of $22,805.00 under 42 U.S.C. § 406(b)(1)(A).
2. Whether the contingent-fee agreement and requested fee produced a reasonable result under the independent review required by Gisbrecht v. Barnhart.
3. Whether counsel was required to refund the previously awarded $6,500.00 EAJA fee to Plaintiff.

Disposition

other