Guzman v. Colvin

Filing 22

MEMORANDUM and ORDER: Granting plaintiff's motion 19 for attorney fees. Ordered by Judge Frederic Block on 2/7/2017. (Innelli, Michael)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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Appearances:
For the Plaintiff:
CHARLES E. BINDER
Law Offices of Harry J. Binder
& Charles E. Binder, P.C.
60 East 42nd Street, Suite 520
New York, New York 10165

ROSA A. GUZMAN,
MEMORANDUM & ORDER
13-CV-02243 (FB)

Plaintiff,
-againstCAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
--------------------------------------------------x

For the Defendant:
ROBERT L. CAPERS
United States Attorney
Eastern District of New York
271 Cadman Plaza East
Brooklyn, New York 11201
By: KAREN T. CALLAHAN
Special Assistant United States Attorney

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BLOCK, Senior District Judge:

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Having independently determined the following–that the plaintiff’s contingent-

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fee arrangement has yielded a reasonable result in this particular case, as required by

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42 U.S.C. § 406(b)(1), and that it is not tainted by fraud or overreaching or awards an

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improper windfall to plaintiff’s counsel, see Wells v. Sullivan, 907 F.2d 367, 372 (2d

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Cir. 1990) (requiring courts to consider these factors when weighing the validity of

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such arrangements)–and with the Commissioner’s recommendation, plaintiff’s petition

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for attorney fees in the amount of $17,852 is GRANTED. Upon receipt of this sum, in

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accordance with his representations to the Court, plaintiff’s counsel is to remit

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$6,164.05 that he received under the Equal Access to Justice Act to plaintiff.

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SO ORDERED
/S/ Frederic Block___________
FREDERIC BLOCK
Senior United States District Judge
Brooklyn, New York
February 7, 2017

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