Andrew B. v. Frank Bisignano, Commissioner of Social Security Administration

Summary

The United States District Court for the Eastern District of Pennsylvania partially granted and partially denied the plaintiff's motion for attorney's fees under 42 U.S.C. § 406(b). The court awarded attorney Joseph B. Silver $30,000.40 and directed him to remit $5,684.00 to the plaintiff for fees previously paid under the Equal Access to Justice Act.

Holdings

1. The motion for attorney's fees was granted in part and denied in part, and Joseph B. Silver was awarded $30,000.40 pursuant to 42 U.S.C. § 406(b).
2. Upon receiving the § 406(b) award, counsel must directly remit $5,684.00 to Plaintiff, representing fees previously paid to counsel's firm under the Equal Access to Justice Act.

Questions Presented

1. Whether Plaintiff's counsel should be awarded attorney's fees pursuant to 42 U.S.C. § 406(b).
2. Whether counsel receiving a § 406(b) award must remit to Plaintiff the amount previously paid under the Equal Access to Justice Act.

Disposition

other