Perez Rivera v. Commissioner of Social Security

Filing 39

ORDER: Plaintiff filed this action pursuant to 42 U.S.C. § 405(g), seeking review of a denial of social security benefits. On the consent of both parties, the Court remanded the matter for further review by the Commissioner of Social Security. Plaintiff's counsel now seeks $7,997.60 in attorney's fees under the Equal Access to Justice Act (the EAJA), 28 U.S.C. § 2412. Because of the Commissioner's unique role and expertise in this area, the Court orders the Commiss ioner to respond to Plaintiff's motion by May 22, 2024. In particular, the Court directs the Commissioner to address the question of whether the fees amount to an impermissible windfall. See Diberardino v. Commissioner of Social Security, No. 17-cv-02868 (PKC), 2020 WL 6746828 (E.D.N.Y. Nov. 17, 2020). SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 5/9/2024) (dsh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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5/9/2024

LIZ WALESKA PEREZ RIVERA,
22-CV-08367 (SN)

Plaintiff,

ORDER

-againstCOMMISSIONER OF SOCIAL SECURITY,
Defendant.
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SARAH NETBURN, United States Magistrate Judge:

Plaintiff filed this action pursuant to 42 U.S.C. § 405(g), seeking review of a denial of
social security benefits. On the consent of both parties, the Court remanded the matter for further
review by the Commissioner of Social Security. Plaintiff’s counsel now seeks $7,997.60 in
attorney’s fees under the Equal Access to Justice Act (the “EAJA”), 28 U.S.C. § 2412.
Because of the Commissioner’s unique role and expertise in this area, the Court orders
the Commissioner to respond to Plaintiff’s motion by May 22, 2024. In particular, the Court
directs the Commissioner to address the question of whether the fees amount to an impermissible
windfall. See Diberardino v. Commissioner of Social Security, No. 17-cv-02868 (PKC), 2020
WL 6746828 (E.D.N.Y. Nov. 17, 2020).
SO ORDERED.

DATED:

May 9, 2024
New York, New York

SARAH NETBURN
United States Magistrate Judge