Monica T. v. Commissioner of the Social Security Administration

Summary

The United States District Court for the Southern District of Ohio grants Plaintiff’s counsel $17,000 in attorney’s fees under 42 U.S.C. § 406(b)(1) following a successful Social Security appeal and remand. The court finds the requested contingency fee reasonable and orders counsel to refund the prior $4,290 EAJA award to the plaintiff.

Holdings

1. The Court held that Plaintiff's counsel was entitled to a $17,000 fee award under 42 U.S.C. § 406(b)(1) because the requested amount was reasonable and did not exceed the statutory 25% ceiling.
2. Counsel must refund the prior $4,290 EAJA fee award to Plaintiff after receiving the § 406(b)(1) fee award.

Questions Presented

1. Whether Plaintiff's counsel was entitled to a $17,000 attorney-fee award under 42 U.S.C. § 406(b)(1).
2. Whether the requested contingent fee was reasonable in light of the 25% statutory ceiling, counsel's documented hours, effective hourly rate, customary rate, case results, complexity, and risk.
3. Whether counsel was required to refund the previously awarded EAJA fees to Plaintiff after receiving a § 406(b)(1) fee award.

Disposition

other