Natasha M. v. Commissioner of Social Security

Summary

The United States District Court for the Western District of New York grants Plaintiff Natasha M.'s motion for attorneys' fees under 42 U.S.C. § 406(b). The court finds the requested fee of $17,935.25 timely, within the statutory 25 percent cap, and reasonable, while requiring counsel to refund the previously awarded $7,850.00 EAJA fee to Plaintiff.

Holdings

1. A § 406(b) fee application is timely when filed within 14 days of notice of the Commissioner’s benefits award, and Plaintiff’s application filed 16 days after the notice was timely under the applicable three-day mailing presumption.
2. The requested attorneys’ fee of $17,935.25 was reasonable and allowable under § 406(b) 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 fee of $17,935.25 was reasonable under § 406(b) and did not constitute a windfall.

Disposition

other