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S.D.N.Y.Procedural orderFiled Dec. 19, 2024

Thomas v. Commissioner of Social Security

Judge
Lewis Liman
Docket
1:23-cv-04642
Court
U.S. District Court · Southern District of New York
Pages
2
Fee PetitionSocial Security
In one sentence

In Thomas v. Commissioner, Judge Liman awarded counsel $5,400 and ordered counsel to return $1,445.40 to Michael Thomas.

Who this affects

Michael Thomas and his counsel; the order awards counsel $5,400 and requires counsel to return $1,445.40 to Thomas.

What happened

In Thomas v. Commissioner of Social Security, Michael Thomas’s counsel asked for $5,400 in fees under a contingency-fee agreement with Thomas.

A magistrate judge recommended granting the request and ordering counsel to return $1,445.40 previously received under the Equal Access to Justice Act. No party objected to that recommendation.

Judge Liman adopted the recommendation in full, granted the request for $5,400, ordered counsel to return $1,445.40 to Thomas, and directed the clerk to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Thomas v. Commissioner of Social Security · No. 1:23-cv-04642
Judge
Lewis Liman
Date
Dec. 19, 2024

Background

Counsel for Plaintiff Michael Thomas moved for an award of $5,400 in attorneys’ fees under a contingency-fee agreement with Thomas. Counsel had previously received $1,445.40 under the Equal Access to Justice Act, a federal law that allows certain fee awards for work against the government.

Report and Recommendation

On December 3, 2024, Magistrate Judge Gorenstein recommended granting counsel’s motion for $5,400 and ordering counsel to return the $1,445.40 previously received under the Equal Access to Justice Act. The parties had an opportunity to object, but no party objected.

Ruling

The court adopted the Report and Recommendation in its entirety. Judge Liman granted counsel’s motion for an award of $5,400 and ordered counsel to return $1,445.40 to Michael Thomas. The court also directed the clerk to close the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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