Vacates a judgment by the district court awarding claimant's counsel fees for representation of the claimant before the administrative agency. Counsel can recover for services rendered before the administrative agency only from the Secretary.

Provision of Social Security Act limiting attorney fees to 25% of past-due benefits does not displace contingent-fee agreements that are within such statutory ceiling.

Attorney may seek recovery of fees under both EAJA and Social Security Act but must return the amount of the smaller fee to the claimant.

Although the statute allows for a 25% maximum, it will often be the case that a reasonable fee (for time in the judicial review) is a much smaller amount, even in the face of a contingency fee agreement. Determination is in the sound discretion of the District Court. NOTE: In this case the attorney was filing for additional fees for work at the judicial level.