Marcus Dwayne Cobb o/b/o Kathy Michelle Cobb, deceased v. Frank Bisignano, Acting Commissioner of Social Security

Summary

The United States District Court for the Eastern District of Oklahoma granted counsel's motion for attorney fees under 42 U.S.C. § 406(b) after a successful appeal of the denial of Social Security disability benefits. The court awarded $18,500.00, found the request timely and reasonable, and ordered counsel to refund the previously awarded EAJA fees to the plaintiff.

Holdings

1. A motion for attorney fees under 42 U.S.C. § 406(b) must be filed within a reasonable time of the Commissioner's decision awarding benefits, and counsel's motion filed 51 days after the notices of award was timely under the circumstances.
2. The requested $18,500 fee was reasonable and did not exceed the 25% statutory or contractual limit.
3. After receiving the § 406(b) fee, counsel must refund to the claimant the smaller previously awarded EAJA fee.

Questions Presented

1. Whether counsel's motion for attorney fees under 42 U.S.C. § 406(b) was filed within a reasonable time.
2. Whether the requested $18,500 fee was reasonable under § 406(b), the contingency-fee agreement, and the factors identified in Gisbrecht v. Barnhart.
3. Whether counsel must refund the previously awarded EAJA fee to the claimant after receiving the § 406(b) award.

Disposition

other