Salazar v. Commissioner of Social Security

Filing 40

OPINION & ORDER re: 34 MOTION for Attorney Fees pursuant to 42 U.S.C. § 406(b) Therefore, the Court hereby authorizes counsels requested fees and directs counsel to refund Plaintiff any fees he previously received under the Equal Access to Justice Act if such fees were less than those awarded in the instant order pursuant to Gibrecht v. Barnhart, 535 U.S. 789, 796 (2002). The Clerk is respectfully directed to terminate Plaintiffs Motion for Attorneys Fees at ECF No. 34... filed by Victor Manuel Salazar (Signed by Judge Andrew L. Carter, Jr on 8/30/2024) (laq) Modified on 8/30/2024 (laq).

USDCSDNY
D0OUME T
ELECTRONI ALLY FILED

DOC#: _ __ _ _ __
8/30/2024
DATE FILED: _
_ __ __
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SALAZAR,
Plaintiff,
20-cv-09613 (ALC)

-against-

OPINION & ORDER
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ANDREW L. CARTER, JR., District Judge:
Pending before the Court is Plaintiff’s motion for attorney’s fees pursuant to 42 U.S.C. §
406(b). ECF Nos. 34, 35 (“Mot.”), 36 (“Binder Decl.”). Plaintiff’s counsel requests the
statutory maximum 25% of the retroactive benefits awarded to Plaintiff which amounts to
$12,520.00. Mot. at 2. The government neither supports nor opposes counsel’s based upon its
own analysis of the reasonableness of the fee pursuant to the factors laid out in Fields v.
Kijakazi, 24 F. 4th 845 (2d Cir. 2022). Those factors include: (1) the ability and expertise of the
attorney(s); (2) the nature and length of the relationship counsel had with the claimant; (3) the
claimant’s satisfaction with the services provided by counsel; and (4) the uncertainty of an award
of benefits. Id. at 854-856.
Counsel are experts in the area of social security law and represented Plaintiff across an
extended period of time throughout several administrative hearings and appeals. Neither
Plaintiff nor counsel for the Government have expressed dissatisfaction with counsel’s
representation or objection to the requested fees. Therefore, the Court hereby authorizes
counsel’s requested fees and directs counsel to refund Plaintiff any fees he previously received
under the Equal Access to Justice Act if such fees were less than those awarded in the instant

order pursuant to Gibrecht v. Barnhart, 535 U.S. 789, 796 (2002). The Clerk is respectfully
directed to terminate Plaintiff’s Motion for Attorney’s Fees at ECF No. 34..
SO ORDERED.
Dated:

August 30, 2024
New York, New York

__________________________________
ANDREW L. CARTER, JR.
United States District Judge