Thalassa R. v. Kijakazi
- Katherine Menendez
- 0:21-cv-02696
- U.S. District Court · District of Minnesota
- 2
In Thalassa R. v. Colvin, Judge Menendez granted counsel’s fee motion, awarded $28,316.75, and ordered a $9,154 refund.
The plaintiff’s counsel receives $28,316.75 in attorney’s fees from the plaintiff’s past-due benefits and must refund $9,154 to the plaintiff after receiving the award.
What happened
In Thalassa R. v. Colvin, the court reviewed a magistrate judge’s recommendation that the plaintiff’s counsel receive attorney’s fees under federal law. No one objected to the recommendation.
The court accepted the recommendation and granted the motion for fees. It awarded the plaintiff’s counsel $28,316.75 from the plaintiff’s past-due benefits, following agency policy.
Judge Menendez also ordered counsel to refund $9,154 to the plaintiff within 14 days after receiving the fee award. The refund represented Equal Access to Justice Act fees previously awarded to counsel.
The detailed version
- Thalassa R. v. Kijakazi · No. 0:21-cv-02696
- Katherine Menendez
- Jan. 27, 2025
Background
The court considered a Report and Recommendation issued by United States Magistrate Judge Elizabeth Cowan Wright on December 6, 2024. The recommendation addressed Plaintiff’s Counsel’s Motion for Attorney’s Fees under 42 U.S.C. § 406(b). No objections were filed.
Court’s review
Because there were no objections, the court reviewed the Report and Recommendation for clear error. After reviewing the recommendation and the full record, the court found no error and accepted the recommendation in full.
Ruling
The court accepted the Report and Recommendation and granted Plaintiff’s Counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b). It awarded plaintiff’s counsel $28,316.75 in reasonable attorney’s fees, to be paid from the plaintiff’s past-due benefits in accordance with agency policy.
The court also ordered plaintiff’s counsel to refund $9,154 to the plaintiff within 14 days after receiving the $28,316.75 from the Commissioner. The $9,154 represented Equal Access to Justice Act fees previously awarded to counsel.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.