J.M.V. v. Commissioner of Social Security

Summary

The United States District Court for the Northern District of California granted counsel's motion for $11,000 in attorney's fees under 42 U.S.C. § 406(b) following a remand in a Social Security case. The court found the contingent-fee agreement and requested amount reasonable, and directed that the previously awarded $7,500 in EAJA fees be paid to the claimant.

Holdings

1. The requested $11,000 fee was reasonable and authorized under § 406(b) because it complied with the 25% statutory and contractual cap, was supported by a valid contingency-fee agreement and reasonable time records, and was not excessive in light of counsel's performance, result, risk, or effective hourly rate.
2. The $7,500 EAJA fee previously awarded to counsel must be paid to J.M.V. as an offset against the § 406(b) fee award.

Questions Presented

1. Whether counsel's requested $11,000 fee was reasonable under 42 U.S.C. § 406(b) and the governing contingency-fee agreement.
2. Whether the previously awarded $7,500 EAJA fee must be paid to J.M.V. as an offset against the § 406(b) award.

Disposition

other