Lasley v. Comm’r of Soc. Sec.

The district court awarded Naegel, counsel for a prevailing social security disability benefits applicant, significantly reduced attorneys’ fees under 42 U.S.C. 406(b). He claimed that the court should have approved his request for $26,049.73, the 25-percent contingency fee accepted by his client and permitted by statute. The Commissioner of Social Security, representing the interests of the claimant whose benefits pay for the fees, opposed that sum as a “windfall” in light of counsel’s 35.5 hours of work. The district court agreed and awarded $12,780. The Sixth Circuit affirmed, noting that: “Within the 25 percent boundary,” prevailing counsel bears the burden of “show[ing] that the fee sought is reasonable for the services rendered.” View "Lasley v. Comm'r of Soc. Sec." on Justia Law