Daniel Claudio-Rivera v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Western District of Wisconsin grants attorney Dana Duncan’s motion for fees under 42 U.S.C. § 406(b) after a stipulated remand and favorable Social Security disability decision for Daniel Claudio-Rivera. The court approves a gross fee of $13,035, permits counsel to retain a previously awarded $5,700 EAJA fee, and directs disbursement of the $7,335 net amount from withheld past-due benefits.

Holdings

1. The requested representative fee of $13,035 was reasonable and should be approved under 42 U.S.C. § 406(b).
2. Counsel could retain the previously awarded $5,700 EAJA fee in partial satisfaction of the § 406(b) award, resulting in a net § 406(b) disbursement of $7,335.

Questions Presented

1. Whether counsel was entitled to a reasonable attorney-fee award under 42 U.S.C. § 406(b) after Claudio-Rivera obtained a favorable decision following remand.
2. Whether the requested gross fee of $13,035 was reasonable and within the statutory 25-percent cap when considered together with fees awarded at the administrative level.

Disposition

other