Pepe v. Saul
- Analisa Torres
- 1:20-cv-02717
- U.S. District Court · Southern District of New York
- 1
In Pepe v. Saul, Judge Torres granted Pepe’s motion for $18,881 in Social Security attorney fees from past-due benefits and ordered counsel to refund $8,970.20.
Paul Michael Pepe, his counsel, and the Social Security Administration. The ruling authorizes payment of $18,881 in fees from Pepe’s past-due benefits and requires counsel to refund $8,970.20 to Pepe.
What happened
Pepe v. Saul involved Paul Michael Pepe’s request for $18,881 in attorney fees after the Social Security Administration remanded his case and awarded him past-due disability benefits. He asked that the fees be paid from those benefits.
A magistrate judge recommended granting the request. No one objected, so the court reviewed the recommendation for clear error and found none.
Judge Analisa Torres adopted the recommendation in full and granted Pepe’s motion. The Social Security Administration must approve the $18,881 payment to Pepe’s counsel, and counsel must refund $8,970.20 to Pepe after receiving the award.
The detailed version
- Pepe v. Saul · No. 1:20-cv-02717
- Analisa Torres
- Feb. 11, 2025
Background
Paul Michael Pepe filed a Social Security action on April 1, 2020. After the case was remanded to the Social Security Administration and Pepe received an award of past-due benefits, he sought $18,881 in attorney fees for work performed in the federal action. He asked that the fees be paid from his past-due disability benefits under 42 U.S.C. § 406(b).
Report and Recommendation
The court referred the fee request to Magistrate Judge Henry J. Ricardo. Judge Ricardo recommended granting the motion. The parties were notified that they could object, but no objections were filed before the deadline. Because there were no objections, Judge Torres reviewed the recommendation for clear error, meaning an obvious mistake in the magistrate judge’s reasoning or decision. She found no clear error.
Ruling
Judge Torres adopted Judge Ricardo’s report and recommendation in its entirety and granted Pepe’s motion. The Social Security Administration was directed to approve payment of $18,881 to Pepe’s counsel from Pepe’s past-due benefits under Section 406(b). After receiving the fee award, counsel must refund $8,970.20 to Pepe. The clerk was directed to terminate the motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.