Fateha Kamal v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of New York issued a report and recommendation concerning Plaintiff Fateha Kamal’s motion for attorneys’ fees under 42 U.S.C. § 406(b) following a remand in her Social Security disability benefits action. The court recommended awarding counsel $4,000, finding the fee reasonable under the contingency-fee agreement and applicable Second Circuit standards. The court also recommended that counsel refund Plaintiff the previously awarded $1,331.33 in Equal Access to Justice Act fees.

Holdings

1. The requested $4,000 fee was reasonable and should be awarded because it was below the statutory 25-percent cap, conformed to the contingency-fee agreement, reflected favorable results and efficient representation, was not caused by unreasonable delay, and did not constitute a windfall.
2. Upon receiving the § 406(b) award, counsel should promptly refund Plaintiff the previously awarded EAJA fees of $1,331.33.

Questions Presented

1. Whether counsel's requested $4,000 attorney-fee award was reasonable under 42 U.S.C. § 406(b).
2. Whether the previously awarded EAJA fees had to be refunded or offset upon an award under § 406(b).

Disposition

other