Fontana v. Commissoner of Social Security, 1:10-cv-00932

Fontana plaintiff in SSA benefits suit; counsel Bosavanh seeks 406(b) attorney fees after remand and favorable ALJ ruling.
Past-due benefits calculated at $121,780.20; 25% contingent fee cap applies to past-due amount.
EAJA fee was previously awarded in the amount of $3,168.59, to be credited against 406(b) award.
Court approved fees under 42 U.S.C. § 406(b)(1) for 24.7 hours of work, totaling $30,445.05, net of EAJA.
Order requires fees to be paid to counsel with refund of EAJA amount to plaintiff; defendant did not oppose.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the 406(b) fee amount reasonable under Gisbrecht and Crawford?	Bosavanh argues 25% of past-due is appropriate.	N/A (no opposition filed)	Fee is reasonable; no reduction warranted.
Does the 406(b) award get offset by the EAJA award?	N/A	N/A	Yes; 406(b) is offset by EAJA award; net payable to counsel after credit.
Should any reduction apply for substandard performance or dilatory conduct per Crawford?	N/A	N/A	No reduction; counsel performed competently and efficiently.
Is the requested fee amount proportionate to benefits and risk?	N/A	N/A	Not excessively large in relation to the $121,780.20 past-due benefits and risks assumed.
Should the court order refund of the EAJA amount to plaintiff?	N/A	N/A	Yes; counsel to refund $3,168.59 to plaintiff.

Gisbrecht v. Barnhart, 535 U.S. 789 (2002) (limits contingency fees to 25% and requires reasonableness review)
Crawford v. Astrue, 586 F.3d 1142 (2009) (factors for reasonableness of 406(b) fees and respect for fee agreements)
Hearn v. Barnhart, 262 F. Supp. 2d 1033 (N.D. Cal. 2003) (recognizes risk of representation and need for reasonable fees)