Wyatt Brafford v. SSA Commissioner

Summary

The United States District Court for the Northern District of California grants Katherine R. Siegfried’s motion for $34,996 in attorney’s fees under section 206(b) of the Social Security Act after remand resulted in a favorable benefits decision for Wyatt Brafford. The court finds the contingent fee reasonable and directs counsel to refund the previously awarded $7,500 in EAJA fees to Plaintiff.

Holdings

1. The requested $34,996 fee was reasonable because it complied with the 25-percent statutory ceiling and the contingent-fee agreement, counsel achieved a favorable result, there was no evidence of substandard or dilatory representation, and the case involved a substantial risk of loss.
2. Counsel must refund the previously awarded $7,500 in EAJA fees to Brafford after receiving the reasonable § 406(b) fee.

Questions Presented

1. Whether counsel's requested $34,996 fee under 42 U.S.C. § 406(b), equal to 25 percent of Brafford's past-due benefits, was reasonable.
2. Whether the § 406(b) fee award had to be offset by the previously awarded $7,500 in EAJA fees and refunded to Brafford.

Disposition

other