Black v. Colvin – ED Pa. – November 2,
2015
The issue presented in this Social Security case is whether the total
award of attorneys’ fees to the attorney who represented the claimant at the
administrative level
and to another attorney who represented him on judicial review may
exceed 25 percent of the claimant’s past-due benefits. It is an issue that has
divided the circuit courts of
appeals, and one the Third Circuit has yet to decide.
Counsel who successfully represented the plaintiff on judicial review
has moved for approval of $18,631.25 in attorney’s fees under § 406(b) of the
Social Security Act
(“Act”). When combined with the $12,687.50 that counsel who had
represented theclaimant before the agency has requested under § 406(a), the
total requested attorney’s
fees exceeds 25 percent of the claimant’s past-due benefits by
$6,941.65.
We conclude that the 25 percent cap applies only to fees awarded under §
406(b) and does not apply to the aggregate amount of attorney’s fees awarded
under both §§ 406(a) and
(b).
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