Amanda K. Haley v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Western District of Oklahoma grants Plaintiff Amanda K. Haley’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a remand and favorable Social Security disability determination. The court awards counsel Lisa McNair Palmer $21,030.00 from Plaintiff’s past-due benefits and directs counsel to refund the previously awarded $7,200.00 Equal Access to Justice Act fee to Plaintiff.

Holdings

1. A contingent-fee request within the statutory 25-percent cap may be awarded when the attorney demonstrates that the requested fee is reasonable for the services rendered. The Court found the requested $21,030.00 reasonable based on the contingent nature of the representation, the fee agreement, the work performed, and the favorable result obtained.
2. The Court may award a § 406(b) fee of up to 25 percent of the claimant's past-due benefits, to be paid out of and not in addition to those benefits.
3. Upon receiving the § 406(b) award, counsel must promptly refund the lesser EAJA award previously paid to Plaintiff.

Questions Presented

1. Whether counsel's requested fee of $21,030.00 was reasonable under 42 U.S.C. § 406(b)(1)(A).
2. Whether the § 406(b) fee could be paid from Plaintiff's past-due benefits subject to the statutory 25-percent cap.
3. Whether counsel was required to refund the previously awarded $7,200.00 EAJA fee to Plaintiff upon receiving the § 406(b) award.

Disposition

other