Mitchell, Jr. v. Commissioner of Social Security

Filing 20

ORDER: On July 25, 2023, the plaintiff filed this action pursuant to 42 U.S.C. § 405(g), seeking review of a denial of social security benefits. On February 9, 2024, I approved a stipulation and agreement by the parties remanding the matter for further review by the Commissioner of Social Security. ECF No. 15. On May 8, 2024, the plaintiff filed a motion for an award of attorney's fees pursuant to 42 U.S.C. § 2412. ECF No. 17. Because of the Commissioner's unique role and e xpertise in this area, the Court orders the Commissioner to respond to the 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

ALVIN SCOTT MITCHELL, JR.,
Plaintiff,

23-CV-06428 (SN)
ORDER

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

On July 25, 2023, the plaintiff filed this action pursuant to 42 U.S.C. § 405(g), seeking
review of a denial of social security benefits. On February 9, 2024, I approved a stipulation and
agreement by the parties remanding the matter for further review by the Commissioner of Social
Security. ECF No. 15. On May 8, 2024, the plaintiff filed a motion for an award of attorney’s
fees pursuant to 42 U.S.C. § 2412. ECF No. 17.
Because of the Commissioner’s unique role and expertise in this area, the Court orders
the Commissioner to respond to the 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