Cheri M. Hydock-Dicosimo v. Frank J. Bisignano

Summary

The United States District Court for the Eastern District of Wisconsin granted Cheri M. Hydock-Dicosimo’s motion for attorney fees under 42 U.S.C. § 406(b) following a remand and favorable Social Security benefits decision. The court approved $21,851.25 in fees and ordered counsel to refund the previously awarded $7,500 Equal Access to Justice Act fee to the plaintiff.

Holdings

1. The requested award of $21,851.25 did not exceed the 25% cap imposed by 42 U.S.C. § 406(b).
2. The requested § 406(b) fee was reasonable and should be approved.
3. Counsel may receive the approved § 406(b) award, but must refund the $7,500 EAJA fee to plaintiff upon receipt of the award.

Questions Presented

1. Whether the requested § 406(b) attorney fee of $21,851.25 complied with the statutory 25% cap.
2. Whether the requested § 406(b) fee was reasonable in light of the services performed and the results obtained.
3. Whether counsel could receive only a net § 406(b) payment reflecting an offset for the prior EAJA award, or instead had to refund the EAJA fee to plaintiff.

Disposition

other