Casablanca v. Commissioner of Social Security

Background

Joseph Casablanca applied for disability benefits on October 19, 2020, and Supplemental Security Income benefits on May 13, 2021. He alleged that his disability began on April 26, 2016. An Administrative Law Judge determined on January 3, 2022, that Casablanca was not disabled. The Appeals Council denied review on September 30, 2022.

Casablanca then challenged the Social Security Administration’s decision in federal court. By stipulation dated August 18, 2023, the Commissioner’s decision was deemed reversed and the case was remanded under 42 U.S.C. § 405(g) for further administrative proceedings, including a new hearing. After remand, Casablanca was found disabled and entitled to benefits. The Commissioner also agreed to pay $6,650.83 in attorney’s fees under the Equal Access to Justice Act.

Attorney’s-Fee Request

On October 16, 2024, Casablanca’s counsel moved for attorney’s fees under 42 U.S.C. § 406(b). The Commissioner opposed the motion. Magistrate Judge Victoria Reznik recommended granting the motion for $21,788 and requiring that the prior $6,650.83 award be refunded.

Neither party filed a timely objection to the report and recommendation. The district court therefore reviewed it for clear error, meaning whether an obvious mistake appeared on the record. The court explained that fees under Section 406(b) may not exceed 25 percent of a claimant’s past-due benefits and that courts first examine the fee agreement and then assess whether the requested fee is reasonable.

Ruling

The court found that Casablanca obtained a favorable determination because he was found disabled and eligible for benefits after remand. Finding no clear error in Magistrate Judge Reznik’s recommendation, Judge Nelson S. Roman adopted it in its entirety. The court granted the application for attorney’s fees, awarded $21,788, ordered the prior $6,650.83 award refunded, and directed the Clerk of Court to terminate the motion and the action.