Heidi M. v. Commissioner of Social Security

Summary

The United States District Court for the Western District of New York granted Plaintiff Heidi M.’s motion for attorneys’ fees under 42 U.S.C. § 406(b) in the amount of $24,920.50. The court found the request timely, within the statutory 25 percent cap, and reasonable under applicable Second Circuit standards. Counsel was also ordered to refund the previously awarded $7,400.00 in Equal Access to Justice Act fees to Plaintiff.

Holdings

1. A motion for attorneys’ fees under § 406(b) must be filed within 14 days of notice of the benefits award, and Plaintiff’s motion filed 14 days after the August 26, 2025 notice of award was timely.
2. The requested $24,920.50 fee was reasonable because it was within the 25 percent statutory cap, was not the product of fraud or overreaching, and did not constitute a windfall.
3. When counsel receives fees under both the EAJA and § 406(b), counsel must refund to the claimant the amount of the smaller fee.

Questions Presented

1. Whether Plaintiff’s motion for attorneys’ fees under 42 U.S.C. § 406(b) was timely.
2. Whether the requested $24,920.50 attorneys’ fee was reasonable under § 406(b) and did not constitute a windfall.
3. Whether counsel was required to refund the previously awarded EAJA fees to Plaintiff.

Disposition

other