Cathern Bernice Downes v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Illinois granted Plaintiff’s motion for attorney’s fees under § 206(b)(1) of the Social Security Act. The court awarded counsel $7,633.18 from Plaintiff’s past-due benefits and ordered counsel to refund $6,995.24 in previously received EAJA fees to Plaintiff. The order relied on the contingent-fee agreement, the 25-percent statutory limit, the results obtained, and the reasonableness of the requested fee under Gisbrecht v. Barnhart.

Holdings

1. The requested fee of $7,633.18 was reasonable under 42 U.S.C. § 406(b)(1)(A) and was approved for payment from Plaintiff's past-due benefits.
2. Upon receipt of the § 406(b)(1) fee, counsel must refund the $6,995.24 in EAJA fees previously received in the matter to Plaintiff.

Questions Presented

1. Whether the requested fee of $7,633.18 was reasonable and permissible under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to refund the previously awarded EAJA fees to Plaintiff upon approval of the § 406(b)(1) fee.

Disposition

other