Danielle C. v. Frank J. Bisignano, Commissioner of the Social Security Administration

Summary

The United States District Court for the Southern District of Indiana granted Danielle C.'s motion for attorneys' fees under 42 U.S.C. § 406(b) following a remand and favorable Social Security disability benefits determination. The court approved $21,605, representing 25% of the claimant's past-due benefits, and directed the Commissioner to pay the amount directly from those benefits to counsel. The court also required counsel to refund the previously awarded $1,460.25 in EAJA fees if counsel ultimately receives that amount and prohibited counsel from seeking additional fees under § 406(a).

Holdings

1. A court may award a reasonable fee to a claimant's attorney for successful federal-court representation in a Social Security disability benefits appeal, subject to the statutory cap of 25% of the claimant's past-due benefits.
2. The requested $21,605 fee was reasonable and did not constitute a windfall.
3. When counsel receives both an EAJA fee award and a § 406(b) fee award for the same representation, counsel must refund the smaller award to the claimant.
4. The $21,605 award was the final payment of all fees owed in the case under § 406, and counsel could not seek further fees under § 406(a).

Questions Presented

1. Whether claimant's counsel was entitled to a reasonable attorney's fee under 42 U.S.C. § 406(b) based on 25% of the claimant's past-due benefits.
2. Whether the requested $21,605 fee was reasonable under the factors identified in Gisbrecht v. Barnhart.
3. Whether counsel was required to refund the previously awarded EAJA fees if he ultimately received them.
4. Whether the § 406(b) award should be treated as the final payment of fees owed in the case under § 406 and preclude further fees under § 406(a).

Disposition

other