Jennifer S. Baxter v. Frank Bisignano

Summary

The court grants plaintiff’s counsel’s motion for attorney fees under 42 U.S.C. § 406(b) following a remand and subsequent award of Social Security benefits. It approves a total fee of $30,769.00, consisting of $20,744.00 to be disbursed by the SSA and $10,025.00 in previously awarded EAJA fees retained as a partial offset.

Holdings

1. A court may award a reasonable fee for successful federal-court representation under 42 U.S.C. § 406(b), subject to the statutory limit of 25 percent of the claimant's past-due benefits. The requested $30,769.00 fee, equal to 25 percent of Baxter's past-due benefits, was reasonable.
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; counsel may not retain duplicative recovery.

Questions Presented

1. Whether counsel's requested fee of $30,769.00 was reasonable under 42 U.S.C. § 406(b), including whether it exceeded the statutory 25-percent limitation or warranted reduction based on the representation, results, delay, or time expended.
2. How the prior $10,025.00 EAJA fee award should be treated in relation to the § 406(b) award.

Disposition

other