Kimberly K. Coleman v. Frank Bisignano, Commissioner of Social Security

Summary

The Western District of Wisconsin granted plaintiff’s counsel’s petition for attorney fees under 42 U.S.C. § 406(b)(1) following a sentence-four remand in a Social Security case. The court approved a gross fee of $38,167.03, allowed counsel to retain $13,643.96 in previously awarded EAJA fees, and directed disbursement of the net $24,523.07 from plaintiff’s past-due benefits.

Holdings

1. The court approved a gross representative fee of $38,167.03 under § 406(b)(1), concluding that the requested fees were reasonable in light of the time spent, the favorable result obtained, and counsel's contingent-fee representation.
2. Counsel may retain the previously awarded $13,643.96 in EAJA fees in partial satisfaction of the § 406(b) award, but may not recover both awards; the remaining $24,523.07 may be disbursed from Coleman's withheld past-due benefits.

Questions Presented

1. Whether the requested attorney fee under 42 U.S.C. § 406(b)(1) was reasonable and could be approved in an amount not exceeding 25 percent of the claimant's past-due benefits.
2. How the prior EAJA fee award should be treated in relation to the § 406(b) fee award.

Disposition

other