E.P. v. Frank Bisignano

Summary

The United States District Court for the Northern District of California granted counsel’s motion for attorneys’ fees under 42 U.S.C. § 406(b) following a favorable Social Security disability determination on remand. The court awarded $35,200 to counsel under a contingency-fee agreement, finding the fee reasonable and within the statutory 25% limit. The court also found no need to require counsel to refund the previously awarded $8,200 in EAJA fees because those funds had been offset against the claimant’s debt.

Holdings

1. The requested $35,200 fee was reasonable and could be awarded under § 406(b) because it was within the 25-percent statutory limit, was supported by a valid contingency-fee agreement, reflected successful representation, and was not shown to result from substandard or dilatory conduct.
2. Under the circumstances presented, counsel was not required to refund the prior $8,200 EAJA award because counsel stated that he had not received those funds, which had been offset by the Treasury Department against E.P.'s debt.

Questions Presented

1. Whether the requested $35,200 attorney's-fee award was reasonable under 42 U.S.C. § 406(b) and the contingency-fee agreement.
2. Whether counsel was required to refund the previously awarded $8,200 EAJA fee to E.P.

Disposition

other