William Rittel v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of California grants William Rittel’s motion for approval of attorney’s fees under 42 U.S.C. § 406(b). The court approves $6,426.50, representing 25% of past-due Social Security benefits, and finds no basis for a downward adjustment. The court also orders counsel to remit a prior $1,500 EAJA fee award to Rittel because it compensated the same work.

Holdings

1. A contingent-fee agreement providing counsel with 25 percent of the claimant's past-due benefits may be approved when the agreement and resulting fee are reasonable and there is no fraud, overreaching, substandard performance, excessive delay, or windfall. The court approved the requested $6,426.50 fee.
2. When § 406(b) and EAJA fees compensate the same work, counsel must offset the § 406(b) fee by remitting the EAJA award to the claimant.

Questions Presented

1. Whether the contingent-fee agreement providing counsel with 25 percent of past-due Social Security benefits produced a reasonable fee under 42 U.S.C. § 406(b).
2. Whether counsel must remit the prior EAJA fee award to the claimant when the EAJA and § 406(b) awards compensate the same work.

Disposition

other