Donna Long v. Frank Bisignano

Summary

A United States magistrate judge recommends granting Plaintiff Donna Long’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a successful Social Security appeal and award of past-due benefits. The recommendation would award counsel $15,294.79, representing 25% of the past-due benefits less the previously awarded EAJA fees.

Holdings

1. A court may award a reasonable contingency fee under 42 U.S.C. § 406(b) not exceeding 25 percent of the claimant's past-due benefits; the requested $22,053.18 fee satisfied the statutory cap and was reasonable under the circumstances presented.
2. When counsel receives fees under both the EAJA and § 406(b), the claimant must receive the benefit of the smaller fee to avoid double recovery; awarding the requested net amount of $15,294.79 was reasonable.

Questions Presented

1. Whether the requested attorney's fee under 42 U.S.C. § 406(b) was within the statutory 25-percent limit and reasonable for the services rendered.
2. Whether the court should reduce the § 406(b) award by the amount previously awarded under the EAJA to prevent a double recovery.

Disposition

other