Glen A. v. Frank Bisignano

Summary

The United States District Court for the Southern District of West Virginia granted Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a sentence-four remand in a Social Security case and a favorable administrative decision. The court approved a fee based on 25 percent of the claimant’s past-due benefits, reduced by the previously awarded Equal Access to Justice Act fee, and directed payment of the net amount to counsel.

Holdings

1. A contingent fee agreement within the statutory 25-percent cap may be approved when independent review shows that the fee is reasonable in light of the character of the representation, results achieved, counsel's responsibility for delay, and the amount of past-due benefits compared with the time spent. The requested $26,804.75 fee was reasonable and did not constitute a windfall.
2. The $4,700 EAJA award must be deducted from the § 406(b) fee so that Plaintiff does not pay twice for the same work; counsel was therefore entitled to a net payment of $22,104.75.

Questions Presented

1. Whether the requested attorney fee under 42 U.S.C. § 406(b), equal to 25 percent of Plaintiff's past-due benefits, was reasonable and should be approved.
2. Whether the previously awarded $4,700 EAJA fee should be deducted from the § 406(b) award to prevent Plaintiff from paying twice for the same work.

Disposition

other