Jashae L. Branch v. Frank Bisignano

Summary

The United States District Court for the Southern District of California granted Jashae L. Branch’s motion for attorney’s fees under 42 U.S.C. § 406(b). The court approved an award of $24,450.00, finding the fee reasonable under the contingency agreement and applicable Ninth Circuit standards. It directed counsel to remit $3,225.00 to the plaintiff to offset the previously awarded Equal Access to Justice Act fees.

Holdings

1. The requested $24,450 fee was reasonable and permissible because it did not exceed 25% of plaintiff's past-due benefits, and the record showed no substandard representation, dilatory conduct, fraud, overreaching, or attorney windfall warranting a downward adjustment.
2. Counsel was required to remit $3,225 to plaintiff because counsel received both the EAJA and § 406(b) awards for the same work.

Questions Presented

1. Whether the contingency-fee agreement and the requested $24,450 attorney-fee award were reasonable under 42 U.S.C. § 406(b).
2. Whether counsel was required to remit the previously awarded $3,225 EAJA fee to plaintiff because the EAJA and § 406(b) awards compensated the same work.

Disposition

other