Bernice Jackson v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Northern District of New York grants in part Bernice Jackson’s motion for attorney’s fees under 42 U.S.C. § 406(b)(1). The court awards $32,065.75 from Jackson’s past-due Social Security benefits and directs counsel to refund the previously awarded $6,115.56 EAJA fee to Jackson rather than offsetting it against the § 406(b) award.

Holdings

1. The requested fee of $32,065.75 was reasonable and could be awarded from Jackson's past-due benefits because it complied with the 25% statutory and contractual limit, was supported by a fully favorable result, involved no fraud, overreaching, or undue delay, and did not constitute a windfall.
2. The EAJA fee should not be netted from the § 406(b) award; instead, counsel must refund the previously received EAJA fee of $6,115.56 to Jackson.

Questions Presented

1. Whether the requested attorney's fee of $32,065.75 under 42 U.S.C. § 406(b)(1) was reasonable.
2. Whether the previously awarded EAJA fee should be netted against the § 406(b) fee award or refunded directly to Jackson.

Disposition

other