Lacey Medlin v. Commissioner of the Social Security Administration

Summary

The United States District Court for the Eastern District of Oklahoma granted Plaintiff’s counsel’s motion for attorney fees under 42 U.S.C. § 406(b) following a successful Social Security appeal and remand. The court awarded $21,341.00, directed payment from withheld past-due benefits, and required counsel to refund the smaller of the EAJA award or the § 406(b) award to Plaintiff’s estate.

Holdings

1. Counsel was entitled to $21,341.00 in fees under 42 U.S.C. § 406(b), payable directly from the past-due benefits withheld for that purpose.
2. The fee request was timely because it was filed within a reasonable time of the Commissioner's decision awarding benefits.
3. Counsel must refund to Plaintiff's estate the smaller amount between any EAJA fees already awarded and the § 406(b) fees awarded.

Questions Presented

1. Whether counsel was entitled to an attorney-fee award under 42 U.S.C. § 406(b) in the amount of $21,341.00.
2. Whether the requested fee was reasonable under the contingency-fee agreement, the 25% statutory limit, and the results obtained.
3. Whether counsel's fee motion was timely under Federal Rule of Civil Procedure 60(b)(6).
4. Whether the § 406(b) fee award required counsel to refund the smaller of the previously awarded EAJA fee and the § 406(b) fee to Plaintiff's estate.

Disposition

other