Sydnor v. Kijakazi
- John Cronan
- 1:23-cv-03603
- U.S. District Court · Southern District of New York
- 2
In Sydnor v. Kijakazi, Judge Cronan denied the fee motion as moot and without prejudice, extended the deadline, and ordered notice after the agency decides related fees.
Shannen Sydnor’s request for fees under 42 U.S.C. § 406(b), along with the Government’s response and the parties’ required future filings.
What happened
Sydnor v. Kijakazi concerns Shannen Sydnor’s request for fees under a federal law governing fees in Social Security cases. The Government responded to the request.
The court said deciding the request now would be premature because it was not yet known whether any of the withheld payments would remain after the Social Security Administration decided a related fee request under Section 406(a). The court therefore extended the deadline for a new request.
The court denied Sydnor’s current fee motion as moot and without prejudice, meaning a new motion may be filed. Judge Cronan ordered the parties to report the agency’s decision within seven days and required any new fee motion within fourteen days after that decision.
The detailed version
- Sydnor v. Kijakazi · No. 1:23-cv-03603
- John Cronan
- Mar. 28, 2025
Background
Shannen Sydnor filed a motion for fees under 42 U.S.C. § 406(b). The Government filed a response. The opinion states that the Social Security Administration had not yet determined the amount of fees under § 406(a), and that the amount of any remaining withheld payments relevant to a § 406(b) award was therefore unknown.
Court’s Analysis
The court held that consideration of the § 406(b) fee request was premature. It relied on the rule that the amount available for a § 406(b) award may depend on the amount, if any, remaining after the Social Security Administration determines the § 406(a) award. The court also relied on the Second Circuit’s recognition that district courts may extend the filing period for a § 406(b) application when circumstances warrant.
Ruling
The court extended the deadline for Sydnor to file an application for fees under § 406(b). Within seven days after the Social Security Administration decides the § 406(a) award, the parties must file a joint letter informing the court of that decision and stating the amount, if any, of withheld funds remaining for a § 406(b) award. Sydnor must file any § 406(b) fee motion within fourteen days after the agency’s determination. The court denied the present fee motion as moot and without prejudice to filing a new motion by that deadline, and directed the Clerk of Court to close Docket Number 18.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.