Werts v. Saul

Summary

The United States District Court for the Northern District of California granted Plaintiff Sarah Werts’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a successful remand and award of Social Security disability benefits. The court approved $44,183.44 in fees, representing approximately 16% of past-due benefits, and ordered counsel to refund $4,183.44 received under the Equal Access to Justice Act.

Holdings

1. A court may approve a contingent fee under 42 U.S.C. § 406(b) when the fee does not exceed the statutory 25% limit and is reasonable in light of the character of the representation, the results achieved, the absence of substandard or dilatory conduct, and the effective hourly rate. The requested $44,183.44 fee was reasonable and was approved.
2. When an attorney receives fees under both the EAJA and § 406(b), the attorney must refund to the claimant the amount of the smaller fee.

Questions Presented

1. Whether the requested $44,183.44 attorney's fee under 42 U.S.C. § 406(b) was reasonable and should be approved.
2. Whether counsel was required to refund to Plaintiff the smaller fee previously received under the Equal Access to Justice Act.

Disposition

other