Fortier v. Berryhill
- Kenneth Karas
- 7:17-cv-01969
- U.S. District Court · Southern District of New York
- 3
In Fortier v. Commissioner of Social Security, Judge Karas granted counsel’s fee motion in part, awarded $49,566.47, and ordered a $2,300 refund.
Leon Fortier and his attorney, Christopher J. Bowes. Bowes received an award of $49,566.47 but was required to refund $2,300 directly to Fortier.
What happened
In Fortier v. Commissioner of Social Security, Leon Fortier’s lawyer, Christopher J. Bowes, asked for attorney’s fees after Fortier was ultimately found disabled and awarded past-due Social Security benefits. The benefits totaled $208,542, with $52,135.50 withheld for attorney’s fees.
A magistrate judge recommended granting the fee request in part, awarding $49,566.47, and requiring Mr. Bowes to refund $2,300 previously received in an earlier related proceeding. No one objected to that recommendation.
Judge Kenneth M. Karas adopted the recommendation in full. He granted the motion in part, awarded Mr. Bowes $49,566.47, ordered him to promptly refund $2,300 directly to Fortier, and directed the clerk to close the case.
The detailed version
- Fortier v. Berryhill · No. 7:17-cv-01969
- Kenneth Karas
- Mar. 25, 2025
Background
Leon Fortier sought judicial review of the Social Security Administration’s denial of his application for Social Security Disability benefits. The case involved several rounds of administrative and federal-court proceedings beginning with his application in 2010. After multiple remands, Administrative Law Judge Sharda Singh found on September 8, 2023, that Fortier had been disabled as of October 1, 2008, and was entitled to benefits.
The Social Security Administration’s April 9, 2024 Notice of Award calculated Fortier’s past-due benefits at $208,542 and withheld 25 percent, or $52,135.50, for attorney’s fees. Christopher J. Bowes then moved under 42 U.S.C. § 406(b), a statute allowing a lawyer to seek fees from past-due Social Security benefits for representation in federal court. Bowes had previously received $2,300 in attorney’s fees under the Equal Access to Justice Act in an earlier related proceeding.
Report and Recommendation
Magistrate Judge Andrew E. Krause recommended that the fee motion be granted in part, that Bowes receive $49,566.47, and that he refund the previously received $2,300 directly to Fortier. No objections were filed. Because there were no objections, the court reviewed the recommendation for clear error, meaning an obvious mistake.
Ruling
Judge Kenneth M. Karas found no substantive error and adopted the Report and Recommendation in its entirety. The court granted the motion in part, awarded Bowes $49,566.47, directed him to promptly refund $2,300 to Fortier upon receiving the award, and directed the clerk to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.