Nikole Denise Burt v. SSA Commissioner

Summary

The United States District Court for the Northern District of California granted attorney Francesco Benavides's motion for $15,000 in fees under section 206(b) of the Social Security Act, following a remand and favorable benefits decision for Plaintiff Nikole Denise Burt. The court found the contingent-fee request reasonable and directed counsel to refund the previously awarded $6,900 in Equal Access to Justice Act fees to the plaintiff.

Holdings

1. The requested $15,000 fee was reasonable under § 406(b) because it was supported by a valid contingent-fee agreement and contemporaneous time records, counsel achieved an excellent result, there was no evidence of substandard performance or disproportionate compensation, and the amount did not exceed 25 percent of Plaintiff's past-due benefits.
2. Because counsel received $6,900 in EAJA fees, counsel must refund that amount to Plaintiff after receiving the reasonable § 406(b) fee award.

Questions Presented

1. Whether counsel's requested $15,000 fee under 42 U.S.C. § 406(b) was reasonable and within the statutory 25 percent limit.
2. Whether the § 406(b) award had to be offset by the previously awarded EAJA fees and counsel directed to refund the smaller fee to Plaintiff.

Disposition

other