Scuderi v. Berryhill

Filing 18

ORDER granting 17 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/17/2020) (rj)

Case 7:17-cv-01324-KMK-JCM

Admitr'--d in New
\\ " k anti Fedcrnl
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D cument 17 Filed 01/15/20 Page 1 of 2

___Law ffice of
Pho11c 'lt4'JS0-25(,t

LEWIS B. INSLER

17 Ni:wc,>111h !'J.,n:
Wh ite l'bi!i,. :--:y 10606

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MEMOENDORSED
Hon. Kenneth M, Karas, US0J
Charles Brieant United States Courthouse
300 Quarropas St
White Plains, NY 10601
R'e: Scuderi V'Ben:yhill, 17-cv-1324

I arm plaintiff's attor,mey in the above matt r, a SociaJ Security disability matter that was
remanded some time ago. Administrative Counsel made me aware in December, 2019 that Mr. Scuderi
received

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a fully favorable decision dated August 2 ·19 after the matter was remanded. There has been

no NE>tfce of /!,Na rd issued vet, but based' upon

Tria r Amount found in tfie,administrao·ve record and<

the number: of months oi retroactive benefits to t ich-plaiotiff is entitled there should be over
$100,000 in retroactive benefits and thus about$ 5,000 will be withheld by statute for possible
attorney fees.
I have near'lyspen't over 16' hours oftime •nth1s matter and wasaw.arded and received a ree

llmder EAJA,of $3100. Thus' I-expect to be ,r.equesti g an additional fee .under 42 USC 406(b), with the

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exact amount to be determined, depending on th amount requested by administrative counsel.
I am writing at this time to ask that the court equitably toll the 14 day period to file for attorney

lees under 42 USC 406(b) una1 such time as the I
Cot.i~s~I to ~etermine t- amount withheld for
h~
adm1n1strat1ve fees. This

IS

rve

receive:! the Nbtfce•of Awa rd from Administrative

attrr;ney fees and w~ t~ r,eq~~st ~ill ~ for

necessary based upon r e recent Second C1rcu1t dec1s1on

In

.

Sinkler V Berryhill

, 932 F 3d 83 ( 2d Cir 2019) which requires that the petition under 406(b) be filed within 14 days of the

,cfmethe attorneyT-ee-eives the Natrire of Awar- fb
t

tnat '~istrict,CGiur::ts,ar-e,empower-ed to-enlarge that

tilir,ig period wbeA .circ,titmstam:ces wal'lJclnt."·Sinkle at 393.

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Case 7:17-cv-01324-KMK-JCM

D cument 17 Filed 01/15/20 Page 2 of 2

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The Defel'ld'ant-wflf.only-senc:tthe·Not!ce,01 Awarcl'to admlnlstratlv-e co unset and'the ptaintfff.
Thus lam dependent on counsel to provide me w j h a copy of the Notice and to confirm the amount of

the administrative fee being requested under 406(r

While counsel and I have discussed this, and he is

aware of the new li~itations under Sinkler, I have ro control over when I will receive the Notice of.

~

Awar-d •.fi~r, w.1t~ be-ol:lt•
af.tbe-'ICffieejr.or.m ~r:tJary 2iJ':througb:F.ebr.t.rary 12, 2@:-20 . .
h\oweve.r 1w1U me
:m11 ;petiooa as e)q)editiousJy as possibJe upon recei t of the Notice from counsel, even if it received
while I am out of the office.

I thank the court for its anticipated cooper tion in this matter and look forward to your
cfetetr.nimaticn concer.mrog tbis motion.
Respectfutly submitted,

lewis B. lnsler (HS441)