Danielle Branam v. Frank Bisignano, Acting Commissioner of Social Security

Summary

This Report and Recommendation addresses Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a sentence-four remand in a Social Security disability case. The magistrate judge recommends finding the full requested fee of $23,324.00 reasonable based on the contingency agreement, counsel’s 38.3 hours of work, and the favorable result. It further recommends that $16,824.00 be paid from Plaintiff’s past-due benefits because counsel had previously received $6,500.00 in EAJA fees.

Holdings

1. A sentence-four remand may constitute a favorable judgment for purposes of § 406(b) when the claimant is subsequently awarded benefits by reason of the remand.
2. The requested total fee of $23,324 was reasonable because it was below 25 percent of Plaintiff's past-due benefits, counsel achieved a favorable result without misconduct or ineffective representation, and the fee did not constitute an undeserved windfall.
3. The amount paid to counsel from Plaintiff's past-due benefits should be reduced from $23,324 to $16,824 to account for the previously awarded $6,500 in EAJA fees.

Questions Presented

1. Whether a sentence-four remand followed by a favorable benefits award satisfies the favorable-judgment requirement for an attorney-fee award under 42 U.S.C. § 406(b).
2. Whether the requested $23,324 § 406(b) fee was reasonable and did not exceed 25 percent of Plaintiff's past-due benefits.
3. Whether the previously awarded $6,500 in EAJA fees should be offset against the § 406(b) amount paid from Plaintiff's past-due benefits.

Disposition

other