Summary
The United States District Court for the Eastern District of Texas grants Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a remand that resulted in an award of Social Security benefits. The court awards $31,351.50, representing 25% of the claimant’s past-due benefits, and directs counsel to refund the previously awarded EAJA fee of $6,547.05 to the claimant.
Holdings
- A remand that ultimately results in an award of benefits is a judgment favorable to the claimant for purposes of 42 U.S.C. § 406(b).
- The requested $31,351.50 section 406(b) fee was reasonable and did not constitute a windfall to counsel.
- After receiving the section 406(b) award, counsel must refund the lesser EAJA fee of $6,547.05 directly to Halstead.
Questions Presented
- Whether plaintiff's counsel was entitled to an award of attorney's fees under 42 U.S.C. § 406(b).
- Whether the requested fee of $31,351.50 was reasonable and did not constitute a windfall under section 406(b).
- Whether counsel was required to refund the lesser EAJA fee to the plaintiff after receiving the section 406(b) award.
Disposition
other
Cases Cited (9)
- Jackson v. Astrue, 705 F.3d 527, 531 (5th Cir. 2013)(followed)
- Siebe v. Comm’r of Soc. Sec. Admin., No. 5:19-CV-30, 2021 WL 3493167, at *1 (E.D. Tex. Apr. 16, 2021)(followed)
- Gisbrecht v. Barnhart, 535 U.S. 789, 796, 807-08 (2002)(followed)
- McGuire v. Sullivan, 873 F.2d 974, 983 (7th Cir. 1989)(followed)
- Jeter v. Astrue, 622 F.3d 371, 380-82 (5th Cir. 2010)(followed)
- Rife v. Comm’r of Soc. Sec. Admin., No. 4:21-CV-197 (E.D. Tex. Apr. 26, 2024)(followed)
- Silves H. v. Kijakazi, No. 3:22-CV-286, 2023 WL 9102228, at *3 (N.D. Tex. Dec. 18, 2023)(followed)
- Seznik v. Comm’r of Soc. Sec. Admin., No. 3:20-CV-2574, 2023 WL 6066466, at *2-3 (N.D. Tex. July 17, 2023)(followed)
- Sabourin v. Colvin, No. 3:11-CV-2109, 2014 WL 3949506, at *1-2 (N.D. Tex. Aug. 12, 2014)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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