Gladys Gonzalez-Domincci v. Frank Bisignano, Commissioner of Social Security

Summary

The court grants the Estate of Martin J. Cohen's motion for attorney fees under 42 U.S.C. § 406(b) in a Social Security appeal. The court awards $19,782.50, representing 25% of the claimant's past-due benefits, and directs the estate to refund $3,035.85 in previously awarded EAJA fees to the claimant.

Holdings

1. The court may award a reasonable fee for successful representation before the court, subject to the statutory ceiling of twenty-five percent of the claimant's past-due benefits, and the requested $19,782.50 fee was reasonable and due to be awarded.
2. The Estate must refund to Plaintiff the $3,035.85 previously received under the Equal Access to Justice Act.

Questions Presented

1. Whether the Estate of former counsel was entitled to an award of $19,782.50 under 42 U.S.C. § 406(b).
2. Whether the requested contingent fee was reasonable in light of the fee agreement, the quality of representation, the results achieved, and the applicable statutory limit.
3. Whether the Estate was required to refund the previously awarded EAJA fees to Plaintiff.

Disposition

other