Louise S. v. Commissioner of Social Security

Summary

The United States District Court for the Western District of New York grants Plaintiff Louise S.’s motion for $22,399.08 in attorneys’ fees under 42 U.S.C. § 406(b) following remand and a favorable Social Security benefits determination. The court finds the request timely and reasonable, and orders counsel to refund the previously awarded $6,989.30 in EAJA fees to Plaintiff.

Holdings

1. A § 406(b) fee application must be filed within 14 days after notice of the benefits award, and Plaintiff's application filed 13 days after the Commissioner's November 5, 2025 notice was timely.
2. The requested fee of $22,399.08 was reasonable and permissible because it did not exceed 25 percent of Plaintiff's $89,596.33 in past-due benefits and did not constitute a windfall.
3. When counsel receives both EAJA and § 406(b) fee awards for the same representation, counsel must refund the smaller fee to the claimant; here, counsel must refund the previously received $6,989.30 EAJA award.

Questions Presented

1. Whether Plaintiff's motion for attorneys' fees under 42 U.S.C. § 406(b) was timely.
2. Whether the requested § 406(b) fee of $22,399.08 was reasonable and within the statutory 25 percent cap.
3. Whether counsel was required to refund the previously awarded EAJA fees to Plaintiff.

Disposition

other