Kevin D. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Ohio granted Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b)(1) following a successful Social Security disability appeal and remand. The court awarded counsel $10,650.25, finding the contingency-based fee reasonable and not a windfall. Counsel was ordered to remit any previously awarded EAJA fees to Plaintiff to prevent double recovery.

Holdings

1. The court may award attorney's fees under § 406(b)(1) following a successful Social Security disability appeal when the fee does not exceed 25 percent of past-due benefits and is reasonable for the services rendered. The requested $10,650.25 fee satisfied those requirements.
2. Because counsel previously received EAJA fees, counsel must remit to Plaintiff any amount received under the EAJA to prevent double recovery.

Questions Presented

1. Whether Plaintiff's counsel was entitled to $10,650.25 in attorney's fees 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 was required to remit to Plaintiff any EAJA fees previously received to prevent double recovery.

Disposition

other