Joline Underwood v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Northern District of New York granted Peter Gorton’s motion for additional attorney’s fees under 42 U.S.C. § 406(b)(1) in the amount of $14,473. The court found the fee reasonable and ordered counsel to refund $11,219.86 previously received under the Equal Access to Justice Act.

Holdings

1. The requested fee of $14,473 was reasonable in light of the fully favorable result, counsel's lack of undue delay, extensive experience, efficient performance, the absence of client dissatisfaction, and the contingent nature of Social Security disability litigation.
2. The court approved the full $14,473 fee because it did not exceed 25 percent of Underwood's $57,829 in past-due benefits.
3. Counsel was ordered to refund Underwood the $11,219.86 previously received under the Equal Access to Justice Act.

Questions Presented

1. Whether the requested attorney's fee award of $14,473 under 42 U.S.C. § 406(b)(1) was reasonable.
2. Whether the fee award complied with the 25-percent limitation and the requirement to refund previously received EAJA fees.

Disposition

other