Obtaining Section 406(b) and EAJA Fees in Federal Court

Ira Kasdan and Cameron Argetsinger will present at the National Organization of Social Security Claimants’ Representatives (NOSSCR) Annual Conference on the topic ​“Obtaining Section 406(b) and EAJA Fees in Federal Court.” The session will explore the case law for fee awards in Social Security cases appealed to federal court starting with the seminal Supreme Court’s opinion in Gisbrecht v. Barnhart to date. An analysis of the case law reveals different interpretations of Gisbrecht in terms of how courts arrive at a ​“reasonable fee” and what constitutes an impermissible ​“windfall” fee recovery.