Samuel Jackson v. Michael Astrue, Commissioner
705 F.3d 527
5th Cir.2013Background
- Jackson filed for disability-insurance and SSI benefits; SSA denied and case remanded to SSA for further proceedings.
- District court adopted magistrate’s remand recommendation; EAJA fees were awarded to Jackson’s counsel.
- After remand, SSA found Jackson disabled and awarded past-due benefits.
- Counsel then sought § 406(b) fees (25% of past-due benefits); district court denied.
- District court held § 406(b) did not authorize fees where benefits were awarded post-remand, not directly due to remand.
- Court reverses, holding § 406(b) applies to fees when remand leads to benefits, and remand is a favorable decision under § 406(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 406(b) permits fees when remand leads to benefits | Jackson argues remand favorable to claimant triggers § 406(b) | Jackson's position that remand yields benefits fits § 406(b) | Yes; remand leading to benefits falls within § 406(b) scope |
| Whether district court’s narrow reading undermines Congress’s policy | Jeter and others support broader view; remand is favorable | Agency’s stance not opposed; Jeter dicta not controlling | Yes; district court erred in narrow interpretation |
Key Cases Cited
- McGraw v. Barnhart, 450 F.3d 493 (10th Cir. 2006) (limits and structure of § 406(b) fees; congressional policy to ensure reasonable fees)
- Jeter v. Astrue, 622 F.3d 371 (5th Cir. 2010) (remand decision treated as favorable for § 406(b))
- Dawson v. Finch, 425 F.2d 1192 (5th Cir. 1970) (Congress intended § 406(b) to ensure capable representation)
- Gisbrecht v. Barnhart, 535 U.S. 789 (2002) (fees under § 406(a) and (b) allocation; offset with EAJA)
- Bergen v. Comm'r, 454 F.3d 1273 (11th Cir. 2006) (supports interpretation consistent with § 406(b) purpose)
- Conner v. Gardner, 381 F.2d 497 (4th Cir. 1967) (text supporting policy rationale for § 406(b))