Michael E. v. Commissioner of Social Security

Summary

The United States District Court for the Northern District of New York grants Plaintiff's counsel's motion for attorney's fees under 42 U.S.C. § 406(b) following a remand in a Social Security disability benefits case and a favorable decision on remand. The court awards $15,208.75, payable from past-due benefits withheld by the Commissioner, and directs counsel to remit to Plaintiff any fees previously received under the Equal Access to Justice Act.

Holdings

1. When a court renders a judgment favorable to a Social Security claimant represented by an attorney, it may award a reasonable fee for the attorney's federal-court representation, subject to the statutory limitation that the fee not exceed 25 percent of the claimant's past-due benefits attributable to the judgment.
2. The requested $15,208.75 fee was reasonable and should be awarded under § 406(b).

Questions Presented

1. Whether Plaintiff's counsel was entitled to an attorney's-fee award under 42 U.S.C. § 406(b).
2. Whether the requested fee of $15,208.75 was reasonable under the contingent-fee agreement and the governing § 406(b) standards.

Disposition

other