792
Opinion of the Court
Eric Schnaufer argued the cause for petitioners. With him on the briefs were Eric Schnapper and Tim Wilborn.
David B. Salmons argued the cause pro hac vice for respondent. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Clement, William Kanter, and Frank A. Rosenfeld.*
Justice Ginsburg delivered the opinion of the Court.
This case concerns the fees that may be awarded attorneys who successfully represent Social Security benefits claimants in court. Under 42 U. S. C. § 406(b) (1994 ed. and Supp. V),1 a prevailing claimant's fees are payable only out of the benefits recovered; in amount, such fees may not exceed 25 percent of past-due benefits. At issue is a question that has sharply divided the Federal Courts of Appeals: What is the appropriate starting point for judicial determinations of "a reasonable fee for [representation before the court]"? See ibid. Is the contingent-fee agreement between claimant and counsel, if not in excess of 25 percent of past-due benefits, presumptively reasonable? Or should courts begin with a lodestar calculation (hours reasonably spent on the case times reasonable hourly rate) of the kind we have approved under statutes that shift the obligation to pay to the loser in the litigation? See Hensley v. Eckerhart, 461 U. S. 424, 426 (1983) (interpreting Civil Rights Attorney's Fees Awards Act of 1976, 42 U. S. C. § 1988, which allows a "prevailing party" to recover from his adversary "a reasonable attor*Jeffrey Robert White filed a brief for the Association of Trial Lawyers of America as amicus curiae urging reversal.
Daniel J. Popeo and Richard A. Samp filed a brief for the Washington Legal Foundation et al. as amici curiae urging affirmance.
Nancy G. Shor, Kirk B. Roose, Joel F. Friedman, Robert E. Rains, and Eric Buchanan filed a brief for the National Organization of Social Security Claimants' Representatives as amicus curiae.
1 49 Stat. 624, as amended.
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