Jon S. v. Commissioner of the Social Security Administration

Summary

The United States District Court for the Southern District of Ohio granted Plaintiff’s counsel $10,481.00 in attorney’s fees under 42 U.S.C. § 406(b)(1), representing 25% of the claimant’s past-due Social Security benefits. The court found the requested contingency fee reasonable and ordered counsel to refund the prior $4,400.00 EAJA award to the plaintiff.

Holdings

1. A contingency fee equal to 25 percent of past-due benefits is not automatically awarded; the court must independently review the requested fee and determine whether it is reasonable for the services rendered.
2. The requested fee of $10,481, representing 25 percent of Plaintiff's past-due benefits, was reasonable and was awarded to Plaintiff's counsel.
3. After receiving the § 406(b)(1) fee, Plaintiff's counsel must remit the prior EAJA award of $4,400 to Plaintiff within 14 days of receipt of the § 406(b)(1) award.

Questions Presented

1. Whether Plaintiff's counsel was entitled to an attorney's fee award under 42 U.S.C. § 406(b)(1) after a sentence-four remand resulted in an award of past-due benefits.
2. Whether the requested fee of $10,481, equal to 25 percent of Plaintiff's past-due benefits, was reasonable under the contingency-fee agreement and applicable Sixth Circuit standards.
3. Whether counsel was required to refund the prior EAJA fee award to Plaintiff after receiving the § 406(b)(1) fee.

Disposition

other