Gehm v. Astrue
ORDER: that plaintiff's motion for attorney's fees is Granted; that plaintiff's counsel is Awarded fees in the sum of $8,814 and that plaintiff's counsel shall Refund to plaintiff the sum of $6,000.00 that was previously awarded under the EAJA. The Clerk of the Court is directed to close the file. Signed by Judge David N. Hurd on 07/25/2017. (hmr)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
LACHMAN, GORTON LAW FIRM
Attorneys for Plaintiff
1500 East Main Street, P.O. Box 89
Endicott, NY 13761
PETER A. GORTON, ESQ.
SOCIAL SECURITY ADMINISTRATION
OFFICE OF REGIONAL GENERAL
COUNSEL, Region II
Attorneys for Defendant
26 Federal Plaza, Room 3904
New York, NY 10278
KRISTINA D. COHN, ESQ.
DAVID N. HURD
United States District Judge
On September 16, 2013, following an award of disability benefits to plaintiff
Stephanie Gehm ("Gehm" or "plaintiff"), her counsel was awarded $6,000.00 in attorney's
fees pursuant to the Equal Access to Justice Act ("EAJA"). See ECF No. 28.
On March 1, 2017, Gehm's counsel moved for an additional award of attorney's
fees. ECF No. 29. According to plaintiff's counsel's submission, he is entitled to a total fee
award in the amount of $8,814.00. Plaintiff's counsel indicates that, if his current fee request
is granted, he will refund his client the $6,000 previously awarded under the EAJA.
After reviewing Gehm's fee request and supporting documentation, the Court
directed defendant Nancy A. Berryhill, the Acting Commissioner of Social Security (the
"Commissioner") to submit a response to plaintiff's counsel's submission. ECF No. 30. The
Commissioner timely filed a thorough response. ECF No. 32.
Upon review of Gehm's counsel's motion and the Commissioner's responsive
submission, it is
1. Plaintiff's motion for attorney's fees is GRANTED;
2. Plaintiff's counsel is AWARDED fees in the sum of $8,814; and
3. Plaintiff's counsel shall REFUND to plaintiff the sum of $6,000.00 that was
previously awarded under the EAJA.
The Clerk of the Court is directed to close the file.
IT IS SO ORDERED.
July 25, 2017
Utica, New York.
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