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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK 16 17 18 19 20 21 22 23 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 24 BLOCK, Senior District Judge: 25 Having independently determined the following–that the plaintiff’s contingent- 26 fee arrangement has yielded a reasonable result in this particular case, as required by 27 42 U.S.C. § 406(b)(1), and that it is not tainted by fraud or overreaching or awards an 28 improper windfall to plaintiff’s counsel, see Wells v. Sullivan, 907 F.2d 367, 372 (2d 1 Cir. 1990) (requiring courts to consider these factors when weighing the validity of 2 such arrangements)–and with the Commissioner’s recommendation, plaintiff’s petition 3 for attorney fees in the amount of $17,852 is GRANTED. Upon receipt of this sum, in 4 accordance with his representations to the Court, plaintiff’s counsel is to remit 5 $6,164.05 that he received under the Equal Access to Justice Act to plaintiff. 6 7 8 9 10 11 12 13 SO ORDERED /S/ Frederic Block___________ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York February 7, 2017 2

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