Misty G. v. Commissioner of Social Security

Summary

The United States District Court for the Northern District of New York grants counsel's motion for attorney's fees under 42 U.S.C. § 406(b) following successful Social Security disability proceedings and remand. The court awards $55,972.25 from the claimant's past-due benefits and directs counsel to refund the previously received $8,370 Equal Access to Justice Act award to the claimant. The court finds the requested fee reasonable and not an improper windfall.

Holdings

1. The requested $55,972.25 fee was reasonable and did not constitute an impermissible windfall.
2. Upon receiving the § 406(b) award, counsel must immediately refund Plaintiff the previously received $8,370 EAJA fee.

Questions Presented

1. Whether counsel's requested $55,972.25 contingent fee under 42 U.S.C. § 406(b)(1) was reasonable and within the statutory twenty-five-percent cap.
2. Whether the previously awarded $8,370 in EAJA fees had to be refunded to Plaintiff after approval of the § 406(b) fee.

Disposition

other