Martinez v. Commissioner of Social Security

Filing 45

ORDER: Plaintiff filed this action pursuant to 42 U.S.C. § 405(g), seeking review of a denial of social security benefits. The Court remanded the matter for further review by the Commissioner of Social Security, and the Court approved a stipu lation and agreement awarding Plaintiff $8,754.00 in attorney's fees under the Equal Access to Justice Act (the "EAJA "), 28 U.S.C. § 2412. ECF No. 41. Following the remand, Plaintiff received retroactive benefits from t he Social Security Administration. Thereafter, on March 7, 2025, Plaintiff's counsel filed a motion for an award of attorney's fees pursuant to 42 U.S.C. § 406(b). ECF No. 42. Section 406(b) permits the Court to approve "a reas onable fee... not in excess of 25 percent of the... past-due benefits" awarded to the plaintiff. Gisbrecht v. Barnhart, 535 U.S. 789, 795 (2002) (quoting 42 U.S.C. § 406(b)(1)(A)). Because of the Commissioner's unique role and exper tise in this area, the Court ORDERS the Commissioner to respond to Plaintiff's motion no later than March 19, 2025. In particular, the Court directs the Commissioner to address the question of whether the fees amount to an impermissible windfall. See Diberardino v. Comm'r of Soc. Sec., No. 17-cv-02868 (PKC), 2020 WL 6746828 (E.D.N.Y. Nov. 17, 2020). SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 3/10/2025) (dsh)