Matthew Lawrence Horn v. Commissioner of the Social Security Administration

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) in a Social Security disability appeal. The court awarded $10,822.25, directed payment from past-due benefits withheld for that purpose, and required counsel to refund the lesser of the EAJA fees or the § 406(b) award to the plaintiff’s estate.

Holdings

1. Counsel was entitled to an award of $10,822.25 under § 406(b) because Plaintiff obtained past-due benefits, the fee did not exceed the 25% statutory cap or the contingency-fee agreement, and the requested fee was reasonable in light of the work performed and result obtained.
2. The motion was timely because it was filed within a reasonable time of the Commissioner's decision awarding benefits, and the delay did not warrant denying the fee request.
3. Counsel must refund to Plaintiff's estate the smaller of any EAJA fees already awarded and the § 406(b) fees awarded in the decision.

Questions Presented

1. Whether counsel was entitled to an award of $10,822.25 under 42 U.S.C. § 406(b) based on the contingency-fee agreement and the benefits obtained for Plaintiff.
2. Whether the requested fee was reasonable and within the statutory 25% limitation.
3. Whether the fee motion was timely under Federal Rule of Civil Procedure 60(b)(6).
4. Whether counsel was required to refund the smaller of the EAJA award and the § 406(b) award to Plaintiff's estate.

Disposition

other