Credit: larryhw/Adobe Stock Decision of the Day: Attorney in Social Security Case Awarded Fees, But Must Pay Client Refund Under Equal Access to Justice Act
This ruling was selected and summarized by the New York Law Journal's decisions editors.
November 05, 2024 at 09:30 AM
2 minute read
Petitioner attorney Howard Olinsky represented plaintiff in a review of denial of Social Security supplemental income benefits. Remand to the Social Security Administration resulted in a finding of disability and eligibility for $43,902 in past-due benefits.
Olinsky then sought $10,975.50 in attorney's fees—25% of the past due compensation—under 42 USC §406(b)(1), based on a contingency fee agreement with plaintiff. The Social Security Commissioner sought that the court's order of any award not state that the Commissioner "pay" the award.
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