Gina D. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Middle District of Alabama grants attorney Anna Ludlam King’s motion for fees under 42 U.S.C. § 406(b) after the court remanded a Social Security disability case and the claimant subsequently received past-due benefits. The court approves an award of $8,640.40, representing the remaining portion of the 25% contingent fee after offsetting fees previously awarded under the Equal Access to Justice Act.

Holdings

1. A district court may award attorney's fees under 42 U.S.C. § 406(b) when it remands a Social Security case to the Commissioner and the Commissioner subsequently awards the claimant past-due benefits.
2. When counsel has received an EAJA fee award and later seeks fees under § 406(b), the EAJA amount must be repaid to the claimant or offset against the § 406(b) fee.
3. The requested remaining fee of $8,640.40 was reasonable under the circumstances and was approved.

Questions Presented

1. Whether the court could award attorney's fees under 42 U.S.C. § 406(b) after remanding the case to the Commissioner and the Commissioner subsequently awarded past-due benefits.
2. Whether the requested contingent fee, after offsetting the previously awarded EAJA fees, was reasonable under § 406(b) and Gisbrecht.

Disposition

other