Shane H. v. Frank Bisignano

Summary

The United States District Court for the Southern District of California grants Plaintiff’s counsel’s motion for attorneys’ fees under 42 U.S.C. § 406(b). The court approves $63,308, representing 25% of the claimant’s past-due Social Security benefits, and directs the Commissioner to pay counsel $52,667.75 after offsetting previously awarded EAJA fees. The court finds the contingent-fee agreement and requested amount reasonable.

Holdings

1. A contingent-fee agreement providing counsel 25 percent of the claimant's past-due benefits is within the statutory limit imposed by § 406(b)(1)(A).
2. The requested $63,308 fee was reasonable and should not be reduced.
3. The § 406(b) award must be offset by the EAJA fees previously awarded for the same work, resulting in a net payment of $52,667.75.

Questions Presented

1. Whether the contingent-fee agreement providing counsel 25 percent of Plaintiff's past-due benefits complied with the statutory limit under 42 U.S.C. § 406(b)(1)(A).
2. Whether the requested $63,308 attorney's-fee award was reasonable under § 406(b), including whether it should be reduced because of substandard representation, delay, fraud or overreaching, or a windfall.
3. Whether the § 406(b) award had to be offset by the EAJA fees previously awarded for the same work.

Disposition

other