Ashley N. v. Commissioner of Social Security

Summary

The United States District Court for the Northern District of New York granted Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) after the Social Security Administration awarded benefits following a remand. The court awarded $25,832.75, payable from withheld past-due benefits, and directed counsel to remit to Plaintiff any fees previously received under the Equal Access to Justice Act.

Holdings

1. A court may approve a contingent-fee request under § 406(b) when the fee does not exceed 25 percent of the claimant's past-due benefits and is reasonable in light of the circumstances, including delay, fraud or overreaching, and whether the award would constitute a windfall.

Questions Presented

1. Whether counsel's requested attorney's fee award under 42 U.S.C. § 406(b) was reasonable.
2. Whether the requested award complied with the statutory 25 percent cap and avoided an unreasonable windfall.

Disposition

other