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Social Security: DIWC/DIWW | New York Eastern
Judgment - Attorney Fees
JUDGMENT FOR ATTORNEY'S FEES: It is ORDERED AND ADJUDGED that Plaintiff's counsel's motion for attorneys fees is granted; that the Commissioner shall pay Plaintiff's counsel $15,440.00 out of Plaintiffs past-due benefits; and that upon receipt of the award, Plaintiffs counsel shall refund $2,785.32, the amount previously awarded under the EAJA, to Plaintiff. Ordered by Clerk of Court on 6/23/2023. (LC)
Order on Motion for Attorney Fees
ORDER granting 20 Motion for Attorney Fees. Plaintiff's counsel's motion for attorney's fees pursuant to 42 U.S.C. § 406(b) is GRANTED. Although Plaintiff's counsel filed the instant motion approximately 5 days beyond the 14-day filing period for § 406(b) motions, see Sinkler v. Berryhill, 932 F.3d 83, 87-88 (2d Cir. 2019), the Court exercises its discretion to enlarge the 14-day filing period in light of the Commissioner's non-opposition to the timeliness of the motion. See id. at 89 ("[Rule 54] expressly states that the specified period applies '[u]nless a statute or a court order provides otherwise.' Thus, district courts are empowered to enlarge that filing period where circumstances warrant.") (second alteration in original) (internal citations omitted).
Having deemed the motion timely, the Court now turns to the reasonableness of Plaintiff's counsel's requested award. Upon review of the record and consideration of the factors set forth in Fields v. Kijakazi, 24 F.4th 845 (2d Cir. 2022), the Court concludes that Plaintiff's counsel's requested contingency fee award is reasonable and would not result in a windfall. Accordingly, the Commissioner shall pay Plaintiff's counsel $15,440.38 out of Plaintiff's past-due benefits. Upon receipt of the award, Plaintiff's counsel shall refund $2,785.32, the amount previously awarded under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, to Plaintiff. See Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) ("Fee awards may be made under both [Section 406(b) and the EAJA], but the claimant's attorney must refund to the claimant the amount of the smaller fee."). Ordered by Judge Joan M. Azrack on 6/23/2023. (SP)
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