WILLIAM M. SKRETNY, District Judge.
1. On March 14, 2012 this Court remanded this case to the Commissioner of Social Security for reconsideration of Plaintiff James Barrett's claim in light of the issues highlighted by this Court. Specifically, it remanded the case on two grounds, instructing the Commissioner to consider the Veteran's Administration's decision to award him disability benefits and to address whether Plaintiff had accumulated sufficient experience as a construction project manager.
2. In accordance with that Order, on July 12, 2012 the Appeals Council vacated its previous decision and remanded the claim for further proceedings, including a new hearing. On June 12, 2013, Administrative Law Judge Mark Solomon heard the case and on August 2, 2013 he issued a favorable decision for Plaintiff, finding him disabled beginning on November 12, 2002. Plaintiff was awarded $204,820.37 of Title II past-due benefits on December 18, 2013.
Plaintiff's counsel now seeks attorney fees in the amount of $51,203.45, or roughly 25% of the total award, which is the amount set out in the attorney-client petition agreement.
3. Section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), provides that whenever a court renders a judgment favorable to a claimant who was represented before it, the court may allow "a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment."
4. That Section of the Act, as interpreted by the Supreme Court, calls for a court to review contingent-fee arrangements "as an independent check, to assure that they yield reasonable results in particular cases."
5. Such an adjustment is "in order" here. Plaintiff's attorney spent 40.3 hours on service rendered before this Court. Mr. Bernhardi's firm ultimately achieved a fully favorable result for his client, but this Court only remanded the action for further consideration — it did not order the Commissioner to award benefits. Of course, this Court is cognizant that "the best indicator of the `reasonableness' of a contingency fee in a social security case is the contingency percentage actually negotiated between the attorney and client, not an hourly rate determined under lodestar calculations," and that "payment for an attorney in a social security case is inevitably uncertain, and any reasonable fee award must take account of that risk,"
6. Accordingly, while also taking into account factors that would support a higher award, such as time spent at the administrative level and the attorney's high degree of experience in these matters, along with his longstanding dedication to this eight-year-old case, this Court nonetheless concludes it must reduce the total requested award by 25 percent to $38,402.58.
IT HEREBY IS ORDERED, that the application for attorney fees (Docket No. 24) is GRANTED in part and DENIED in part. Plaintiff is entitled to attorney fees in the amount of $38,402.58.
FURTHER, that Counsel is directed to refund the Equal Access to Justice Act award to Barrett.
SO ORDERED.