Benjamin L. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Ohio granted Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b)(1) following a successful Social Security disability appeal. The court awarded $18,739.04, representing 25% of the claimant’s past-due benefits, and ordered counsel to remit any EAJA fees previously received to Plaintiff to prevent double recovery.

Holdings

1. A fee of $18,739.04 was permissible because it equaled 25 percent of Plaintiff's total past-due SSD and SSI benefits of $74,956.15.
2. The requested $18,739.04 contingency fee was reasonable and did not constitute a windfall.
3. Counsel must remit to Plaintiff any amount previously received under the EAJA to prevent double recovery of fees.

Questions Presented

1. Whether counsel's requested fee of $18,739.04 was permissible under 42 U.S.C. § 406(b)(1).
2. Whether the requested contingency fee was reasonable and did not constitute a windfall.
3. Whether counsel must remit fees previously received under the EAJA to Plaintiff to prevent double recovery.

Disposition

other