Denver v. Nancy A. Berryhill
- Alison Nathan
- 1:19-cv-01312
- U.S. District Court · Southern District of New York
- 3
In Paul Denver v. Commissioner of Social Security, Judge Broderick adopted an unopposed recommendation granting Denver’s attorney-fee motion.
Paul Denver’s request for attorney’s fees under 42 U.S.C. § 406(b), and the Commissioner of Social Security as the responding party.
What happened
Paul Denver challenged the denial of his application for Social Security disability insurance benefits. The court previously remanded the matter for further administrative proceedings, and the Commissioner agreed to pay certain attorney’s fees and costs.
Denver later moved for additional attorney’s fees under 42 U.S.C. § 406(b). Magistrate Judge Katherine H. Parker recommended granting the motion, and neither party objected or requested more time to object.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, and adopted it. He directed the Clerk of Court to enter judgment under the recommendation’s terms and close the fee motion.
The detailed version
- Denver v. Nancy A. Berryhill · No. 1:19-cv-01312
- Alison Nathan
- Mar. 18, 2025
Background
Paul Denver filed this Social Security case seeking review of the denial of his application for disability insurance benefits. The parties later submitted a joint stipulation instead of competing motions for judgment on the pleadings. Judge Alison J. Nathan ultimately adopted part of a magistrate judge’s recommendation, rejected part of it, and remanded the matter to the Commissioner for further administrative proceedings. The parties also stipulated to payment of $10,000 in attorney’s fees under the Equal Access to Justice Act and $400 in costs.
Fee Motion and Recommendation
On August 12, 2024, Denver moved for attorney’s fees under 42 U.S.C. § 406(b). Magistrate Judge Katherine H. Parker issued a Report and Recommendation recommending that the motion be granted. Neither party filed objections or requested an extension of time.
Court’s Analysis
Because there were no objections, Judge Broderick reviewed the Report and Recommendation for clear error. He stated that, after careful review, he found none. He therefore adopted the Report and Recommendation.
Disposition
The court adopted the recommendation that Denver’s motion for attorney’s fees be granted. Judge Broderick directed the Clerk of Court to enter judgment according to the terms stated in the Report and Recommendation and to close the motion at docket entry 33. The opinion text does not state the amount of the § 406(b) fee award.
Classification
This is a procedural order because it concerns an ancillary attorney-fee award rather than the merits of Denver’s Social Security benefits claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.