Ebony Wright v. Commissioner of the Social Security Administration

Summary

The United States District Court for the Eastern District of New York approved attorney Christopher James Bowes's application for $34,944.50 in fees under 42 U.S.C. § 406(b) following a remand in a Social Security disability case. The court found the application timely and the requested fee reasonable under the statutory 25% cap and applicable Second Circuit standards. Because Bowes had previously received $6,800.00 in EAJA fees, the court ordered him to refund that amount to the plaintiff.

Holdings

1. A § 406(b) fee application is timely when filed within fourteen days after counsel receives notice of the past-due-benefits award, even if the filing occurs more than fourteen days after the date printed on the Notice of Award.
2. The requested attorney fee of $34,944.50 was reasonable under § 406(b), did not exceed twenty-five percent of Plaintiff's past-due benefits, was not the product of fraud or attorney overreach, and did not constitute a windfall.
3. Counsel may not retain fees awarded under both the EAJA and § 406(b); after receiving the § 406(b) award, counsel must refund the smaller EAJA fee to Plaintiff.

Questions Presented

1. Whether counsel's application for attorney fees under 42 U.S.C. § 406(b) was timely when filed within fourteen days of counsel's receipt of the Notice of Award but more than fourteen days after the date printed on the notice.
2. Whether the requested § 406(b) fee of $34,944.50 was reasonable and did not exceed the statutory twenty-five-percent cap or constitute a windfall.
3. Whether counsel was required to refund the previously awarded EAJA fees to Plaintiff after receiving the § 406(b) fee.

Disposition

other