Shelley E. S. v. Bisignano

Summary

The court granted in part counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b) following reversal of the Commissioner of Social Security’s decision and remand for calculation and award of benefits. It awarded counsel $30,401.75, representing 25% of the claimant’s $121,607.00 in past-due benefits. The court ordered counsel to reimburse the claimant $8,946.28 in previously awarded EAJA fees.

Holdings

1. The requested fee of $30,401.75 was reasonable and did not exceed the twenty-five-percent statutory ceiling because it represented twenty-five percent of Plaintiff's $121,607.00 in past-due benefits.
2. Counsel was required to reimburse Plaintiff $8,946.28, the cumulative amount of EAJA fees previously awarded for the federal-court representations.

Questions Presented

1. Whether the requested attorney's fee award under 42 U.S.C. § 406(b) was reasonable and within the statutory limitation.
2. Whether the § 406(b) award had to be offset by EAJA fees previously awarded for the federal-court representation.

Disposition

other