Dennis L. Eitler v. Commissioner of Social Security

Summary

The United States District Court for the Northern District of Indiana grants Howard D. Olinsky’s motion for attorney fees under 42 U.S.C. § 406(b) following the successful remand and subsequent award of Social Security benefits to Dennis L. Eitler. The court awards $11,356.50 in § 406(b) fees and orders counsel to refund the previously awarded $7,293.31 in EAJA fees to the plaintiff.

Holdings

1. The requested $11,356.50 fee was reasonable and permissible under 42 U.S.C. § 406(b) because it did not exceed 25 percent of the claimant's past-due benefits, counsel successfully obtained a remand and favorable benefits decision, there was no indication of delay, and the requested compensation was not excessive in relation to the work performed and results achieved.
2. Counsel may receive awards under both the EAJA and § 406(b), but must refund the smaller fee to the claimant or subtract that amount from the § 406(b) award; here, counsel was required to refund $7,293.31 in EAJA fees upon receipt of the § 406(b) award.

Questions Presented

1. Whether counsel's requested $11,356.50 fee for representation in federal court was reasonable and within the 25-percent limitation of 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to refund or offset the previously awarded $7,293.31 EAJA fee upon receipt of the § 406(b) award.

Disposition

other