Summary
The United States District Court for the Northern District of Indiana granted Vanessa M. Bickett’s unopposed motion for attorney fees under 42 U.S.C. § 406(b). The court awarded $15,464.50 and ordered counsel to refund $7,056.87 in previously awarded EAJA fees to the plaintiff.
Court
United States District Court for the Northern District of Indiana
Jurisdiction
United States District Court for the Northern District of Indiana
Decision date
April 2, 2026
Docket number
2:22-CV-20-TLS-JEM
Disposition
approved
Questions Presented
- Whether the requested $15,464.50 attorney-fee award under 42 U.S.C. § 406(b) was reasonable and within the statutory twenty-five-percent cap.
- Whether counsel was required to refund the previously awarded $7,056.87 in EAJA fees.
Holdings
- A district court may award a reasonable fee for successful federal-court representation under 42 U.S.C. § 406(b), not exceeding twenty-five percent of the claimant's past-due benefits; the requested $15,464.50 fee was reasonable under the contingency agreement and the circumstances of the case.
- An award under § 406(b) must be offset by the EAJA award, and counsel must refund the previously awarded $7,056.87 in EAJA fees to Plaintiff.
Court Document
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