Randolph D. v. Commissioner of Social Security

Summary

The United States District Court for the Western District of New York granted Plaintiff Randolph D.’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a remand and subsequent award of Social Security benefits. The court awarded counsel $38,471.25, representing 25% of the past-due benefits, and directed counsel to remit the previously awarded $9,195.81 in Equal Access to Justice Act fees to Plaintiff.

Holdings

1. The requested $38,471.25 fee was permissible because it represented 25 percent of Plaintiff's past-due benefits and was reasonable in light of the character and results of the representation, the absence of unreasonable delay, and the effective hourly rate.
2. After receiving the § 406(b) fee, counsel must remit the $9,195.81 EAJA fee to Plaintiff.

Questions Presented

1. Whether counsel's requested fee of $38,471.25 under 42 U.S.C. § 406(b) was within the statutory cap and reasonable for the representation provided.
2. Whether counsel was required to remit the previously awarded EAJA fees to Plaintiff after receiving the § 406(b) fee.

Disposition

other