John William Wild v. Frank J. Bisignano, Commissioner of the Social Security Administration

Summary

The United States District Court for the Eastern District of Oklahoma grants Claimant’s motion for attorney fees under 42 U.S.C. § 406(b) following a remand that resulted in an award of Social Security disability benefits. The court approves $22,183.20 in fees, addresses the timeliness of the motion and reasonableness of the award, and directs counsel to refund the previously received EAJA fee to the claimant.

Holdings

1. A motion for attorney fees under 42 U.S.C. § 406(b) must be filed within a reasonable time after receipt of the Notice of Award; in this case, the motion was timely because counsel filed it promptly after first receiving the notice, the Commissioner did not object, and the circumstances justified excusing the eighty-three-day period from issuance of the notice.
2. The court may approve a reasonable fee for successful representation in court under § 406(b), provided it does not exceed 25% of the claimant's past-due benefits; the requested $22,183.20 fee was reasonable and was approved.
3. The attorney may recover only the balance of withheld past-due benefits available up to the approved § 406(b) amount and must recover any shortfall from the claimant personally; because the § 406(b) award exceeded the EAJA award, counsel must refund the $6,041.10 EAJA fee to the claimant and may not net that amount against the § 406(b) award.

Questions Presented

1. Whether the claimant's motion for attorney fees under 42 U.S.C. § 406(b) was timely when filed eighty-three days after issuance of the Notice of Award but one day after counsel received it.
2. Whether the requested $22,183.20 attorney-fee award was reasonable under § 406(b), the contingent-fee agreement, and the factors identified in Gisbrecht v. Barnhart.
3. Whether counsel was required to refund the previously received EAJA fee to the claimant and recover any amount not available from withheld past-due benefits from the claimant rather than from those benefits.

Disposition

approved