Christopher P. v. Commissioner of Social Security

Summary

The United States District Court for the Western District of New York grants Plaintiff Christopher P.’s motion for $11,000 in attorney fees under 42 U.S.C. § 406(b)(1)(A) following a favorable Social Security benefits judgment. The court finds the fee reasonable and directs counsel to refund the previously awarded $2,500 EAJA fee to Plaintiff.

Holdings

1. A district court may approve a contingent-fee award within the statutory 25% limit only after independently determining that the fee is reasonable; the court approved counsel's $11,000.00 request because it was well below the statutory and contractual maximum, was supported by the quality and results of the representation, and was not the product of fraud, overreaching, or a windfall.
2. When the attorney receives both an EAJA fee and a larger fee under § 406(b) for the same representation, the attorney must refund the lesser fee to the client.

Questions Presented

1. Whether counsel's requested $11,000.00 fee was reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to refund the previously awarded $2,500.00 EAJA fee to Plaintiff after receiving the larger § 406(b) award.

Disposition

other