Hector I. G. v. Commissioner of Social Security

Summary

The United States District Court for the Western District of New York granted Plaintiff Hector I. G.’s motion for $23,960.00 in attorney fees under 42 U.S.C. § 406(b)(1)(A), representing 25% of his past-due Social Security benefits. The court found the fee reasonable and directed counsel to refund the previously awarded $7,617.45 Equal Access to Justice Act fee to Plaintiff.

Holdings

1. A district court must begin its § 406(b) fee review with the parties' contingency-fee agreement and may reduce the agreed fee only if the fee is unreasonable; the fee may not exceed 25% of the claimant's past-due benefits.
2. When counsel receives both an EAJA fee and a larger fee under § 406(b), counsel must refund the lesser EAJA award to the claimant.

Questions Presented

1. Whether counsel's request for $23,960.00, equal to 25% of Plaintiff's past-due Social Security benefits, was reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Whether counsel was required to refund the previously awarded $7,617.45 EAJA fee to Plaintiff after receiving the larger § 406(b) fee.

Disposition

other