Moronta Perez v. Commissioner of Social Security
- Ronnie Abrams
- 1:20-cv-06561
- U.S. District Court · Southern District of New York
- 2
In Moronta Perez v. Commissioner of Social Security, Judge Abrams granted counsel $26,082 in fees and ordered an $8,750 EAJA refund.
Moronta Perez and her counsel: counsel receives $26,082 in fees and must refund Moronta Perez $8,750 previously received under the Equal Access to Justice Act.
What happened
Moronta Perez v. Commissioner of Social Security began when Orglenia R. Moronta Perez sought review of the Social Security Administration’s denial of her application for disability insurance and supplemental security income benefits. The parties later agreed to send the case back to the Commissioner for further administrative proceedings.
Moronta Perez’s lawyer asked for fees under a law allowing attorneys to receive a portion of past-due Social Security benefits when a fee agreement provides for it. A magistrate judge recommended granting the request, and neither party objected.
Judge Abrams found no clear error, adopted the recommendation in full, and granted the fee motion. The court awarded counsel $26,082 and ordered counsel to refund Moronta Perez the $8,750 previously received under the Equal Access to Justice Act; the court then closed the case.
The detailed version
- Moronta Perez v. Commissioner of Social Security · No. 1:20-cv-06561
- Ronnie Abrams
- Apr. 4, 2025
Background
Orglenia R. Moronta Perez filed this action seeking judicial review of the Social Security Administration’s decision denying her application for disability insurance and supplemental security income benefits. On February 11, 2022, the parties stipulated to a remand under 42 U.S.C. § 405(g), sending the matter back to the Commissioner of Social Security for further administrative proceedings.
Attorney-Fee Request
Moronta Perez’s counsel moved for attorney fees under 42 U.S.C. § 406(b), based on a contingency-fee agreement providing counsel 25 percent of Moronta Perez’s past-due benefits. In February 2025, Magistrate Judge Aaron issued a report and recommendation advising that the motion be granted. Neither party objected.
Court’s Analysis
Because there were no objections, the court reviewed the report and recommendation for clear error, meaning an obvious mistake in the record. Judge Abrams found no error and adopted the report and recommendation in its entirety.
Disposition
The motion for attorney fees was GRANTED. Moronta Perez’s counsel was awarded $26,082 under the fee agreement. Counsel was also ordered to refund Moronta Perez the $8,750 previously received under the Equal Access to Justice Act. The Clerk of Court was directed to terminate the fee motion and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.