Scott A. Mangus v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Northern District of Indiana grants attorney Matthew F. Richter’s motion for fees under 42 U.S.C. § 406(b) following the remand and successful resolution of Scott A. Mangus’s Social Security disability claim. The court awards $14,310.00, finding the requested fee reasonable, and orders counsel to refund the previously awarded $1,681.50 in Equal Access to Justice Act fees to the plaintiff.

Holdings

1. A court may award a reasonable fee for successful federal-court representation under § 406(b), subject to the 25-percent cap on past-due benefits, and the requested $14,310.00 fee was reasonable under the circumstances.
2. Counsel receiving both EAJA fees and § 406(b) fees must refund the smaller EAJA fee to the claimant or subtract it from the § 406(b) award; here, counsel was ordered to refund $1,681.50 to Mangus upon receipt of the § 406(b) fees.

Questions Presented

1. Whether the requested attorney fee under 42 U.S.C. § 406(b) was reasonable and within the statutory 25-percent limitation.
2. Whether counsel was required to refund or offset the previously awarded EAJA fees after receiving a § 406(b) award.

Disposition

other