James T. Foley Courthouse, U.S. District Court for the Northern District of New YorkDecision of the Day: Contingency Fee to Counsel Result of Successful Advocacy, Not Windfall
This ruling was selected and summarized by the New York Law Journal's decision editors.
November 19, 2024 at 01:00 PM
2 minute read
In June 2020, plaintiff signed a contingency fee agreement providing counsel, the Law Office of Kenneth R. Hiller, 25% of any past due Social Security benefits awarded. Ultimately, plaintiff was found disabled, granted Social Security benefits, and awarded $130,041 in past due disability benefits.
The Hiller firm, through plaintiff, had already been awarded $6,648.35 in legal fees under the Equal Access to Justice Act. In the instant matter, the firm was awarded $21,651.19 in fees under the Social Security Act, and ordered to refund to plaintiff the $6,648.35 in fees under the EAJA.
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