Hilary C. v. Commissioner of the Social Security Administration

Summary

The United States District Court for the Southern District of Ohio grants Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b)(1) in the amount of $2,195.00 following a successful Social Security appeal and remand. The court finds the fee reasonable and orders counsel to refund the previously awarded $898.40 in EAJA fees to Plaintiff.

Holdings

1. A contingent-fee request under 42 U.S.C. § 406(b)(1) is not automatically reasonable merely because it falls within a 25-percent fee agreement; the court must independently review the agreement and determine whether the requested amount reasonably compensates counsel for federal-court work.
2. Plaintiff's counsel was entitled to $2,195.00 in § 406(b)(1) attorney's fees because the requested amount was reasonable and represented only approximately 3.4 percent of Plaintiff's past-due benefits.
3. After receiving the § 406(b)(1) fee, counsel must refund the previously awarded EAJA fee of $898.40 to Plaintiff to prevent a double recovery.

Questions Presented

1. Whether Plaintiff's counsel was entitled to an attorney's-fee award under 42 U.S.C. § 406(b)(1) after Plaintiff obtained past-due benefits following a sentence-four remand.
2. Whether the requested $2,195.00 contingent fee was reasonable in light of the fee agreement, the work performed, the results achieved, the effective hourly rate, and the statutory 25-percent ceiling.
3. Whether counsel was required to refund the previously awarded EAJA fee to Plaintiff after receiving the § 406(b)(1) award.

Disposition

other