Summary
The United States District Court for the Southern District of Indiana granted Plaintiff Sheena L.'s motion for attorney's fees under 42 U.S.C. § 406(b) after remand resulted in an award of $83,545 in past-due Social Security benefits. The court approved a fee of $20,886.25, representing 25% of the past-due benefits, and found the fee reasonable despite the high effective hourly rate. The court directed the Commissioner to pay the fee from the past-due benefits and stated that counsel could not seek additional fees for work performed before the Social Security Administration under § 406(a).
Court
United States District Court for the Southern District of Indiana, New Albany Division
Jurisdiction
United States District Court for the Southern District of Indiana, New Albany Division
Decision date
April 30, 2026
Docket number
4:23-cv-00061-KMB-TWP
Disposition
other
Questions Presented
- Whether the court should approve Plaintiff's requested attorney's fee of $20,886.25 under 42 U.S.C. § 406(b).
- Whether the requested fee was reasonable notwithstanding an effective hourly rate of $4,443.99.
- Whether the prior EAJA award required an offset when counsel did not receive the EAJA payment because it was seized to satisfy Plaintiff's federal debt.
Holdings
- A district court must independently review a fee arrangement under 42 U.S.C. § 406(b), even when the Commissioner does not oppose the request, to ensure that it yields a reasonable result in the particular case.
- The requested fee of $20,886.25, equal to 25% of Plaintiff's past-due benefits, was reasonable under § 406(b) and should be approved.
- No offset under 28 U.S.C. § 2412(d) was required because counsel did not receive the prior EAJA award.
Court Document
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