Jose M. U. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Northern District of Oklahoma denied counsel’s motion under Federal Rule of Civil Procedure 60(b)(6) to deem timely a request for attorney fees under 42 U.S.C. § 406(b). The court held that the motion, filed more than eight months after the Notice of Award and nearly seven months after counsel received it, was not made within a reasonable time because the delay was unexplained.

Holdings

1. A motion seeking a § 406(b) fee award through Rule 60(b)(6) must be filed within a reasonable time of the Commissioner's decision awarding benefits. Counsel's motion, filed more than eight months after the award and nearly seven months after counsel received notice, was untimely because the delay was unexplained and unreasonable.
2. Because counsel's Rule 60(b)(6) motion was untimely, the court denied the related motion for attorney fees under 42 U.S.C. § 406(b).

Questions Presented

1. Whether counsel's Rule 60(b)(6) motion seeking permission to file a § 406(b) fee request was filed within a reasonable time.
2. Whether counsel was entitled to an award of attorney fees under 42 U.S.C. § 406(b).

Disposition

other