Suzi Marie H. v. Frank Bisignano

Summary

The United States District Court for the Southern District of California granted Plaintiff’s counsel’s motion for attorney fees under 42 U.S.C. § 406(b) in the amount of $15,000. The court found the requested fee reasonable based on the contingent-fee agreement, the favorable result obtained, the hours expended, and the absence of fraud, overreach, substandard performance, or undue delay. Because counsel had previously received $5,500 in EAJA fees, the court ordered counsel to refund that amount to the plaintiff.

Holdings

1. The requested $15,000 fee was reasonable under 42 U.S.C. § 406(b) and should be awarded.
2. Counsel must refund the $5,500 EAJA fee previously awarded to Plaintiff.

Questions Presented

1. Whether the requested $15,000 attorney-fee award was reasonable under 42 U.S.C. § 406(b).
2. Whether counsel was required to refund the previously awarded $5,500 in EAJA fees to Plaintiff.

Disposition

other