Martinez v. Commissioner of Social Security
- Sarah Netburn
- 1:21-cv-00821
- U.S. District Court · Southern District of New York
- 2
In Martinez v. Commissioner, Judge Netburn ordered a response to Martinez’s request for attorney’s fees after her benefits case was remanded.
The order affects Kristal Marie Martinez and her counsel, who seek additional attorney’s fees, and the Commissioner of Social Security, who must respond to the motion.
What happened
Martinez v. Commissioner of Social Security concerns Kristal Marie Martinez’s lawsuit seeking review of the denial of Social Security benefits. The court had remanded the matter for further review and approved an $8,754 attorney-fee award under the Equal Access to Justice Act.
After the remand, Martinez received retroactive benefits. Her counsel then asked the court to approve additional attorney’s fees under a law allowing fees of up to 25 percent of past-due benefits.
Judge Sarah Netburn ordered the Commissioner to respond by March 19, 2025, including addressing whether the requested fees would be an improper windfall. The order did not decide whether to award the requested fees.
The detailed version
- Martinez v. Commissioner of Social Security · No. 1:21-cv-00821
- Sarah Netburn
- Mar. 10, 2025
Background
Kristal Marie Martinez brought the case under 42 U.S.C. § 405(g) to seek judicial review of the denial of Social Security benefits. The court remanded the matter for further review by the Commissioner of Social Security. It also approved a stipulation and agreement awarding Martinez $8,754 in attorney’s fees under the Equal Access to Justice Act, a federal law that can allow a qualifying party to recover fees from the government.
After the remand, Martinez received retroactive benefits from the Social Security Administration. On March 7, 2025, Martinez’s counsel moved for an additional attorney-fee award under 42 U.S.C. § 406(b). That statute allows a court to approve a reasonable fee of no more than 25 percent of the past-due benefits awarded to the claimant.
Order
The court ordered the Commissioner to respond to the fee motion by March 19, 2025. The court specifically directed the Commissioner to address whether the requested fees would amount to an impermissible windfall. The order did not grant or deny the fee motion and did not determine the amount of any additional fee award. The order was signed by Sarah Netburn, United States Magistrate Judge, on March 10, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.