Thomas A. Kuemmel, Jr. v. Frank Bisignano, Commissioner of the Social Security Administration

Summary

The United States District Court for the Northern District of Indiana granted the plaintiff’s attorney’s motion for supplemental attorney fees under 42 U.S.C. § 406(b). The court awarded $8,695.25 based on dependent benefits awarded after remand, finding the requested fee reasonable and requiring the previously awarded EAJA fees to offset the § 406(b) award.

Holdings

1. A court may award a reasonable fee under § 406(b) to an attorney who successfully represented a claimant in federal court, subject to the statutory cap based on past-due benefits, including the past-due dependent benefits at issue here.
2. The requested $8,695.25 supplemental fee was reasonable and should be awarded.

Questions Presented

1. Whether counsel was entitled to a supplemental attorney-fee award under 42 U.S.C. § 406(b) based on past-due dependent benefits awarded after remand.
2. Whether the requested $8,695.25 fee was reasonable and within the statutory twenty-five-percent limitation.

Disposition

other