Keller v. Commissioner of Social Security

Plaintiff filed a motion asking the court to approve the contingency fee arrangement he agreed to with his lawyer, following a successful claim for social security benefits. The magistrate judge determined that a fee in the amount of $11,876.65 was reasonable under 42 U.S.C. 406(b)(1). Plaintiff appealed. The court concluded that the magistrate judge correctly started with the fee agreement, and after determining that the early retirement benefits were not past-due benefits "owed," went on to conclude an independent review of the resulting fee for reasonableness. Accordingly, the court affirmed the fee award because the court agreed with the magistrate judge's interpretation of the contract and found no error in his review of the fee.View "Keller v. Commissioner of Social Security" on Justia Law