Alverio v. Commissioner of Social Security
- Lewis Liman
- 1:19-cv-06298
- U.S. District Court · Southern District of New York
- 2
Alverio v. Commissioner, Judge Liman granted Alverio’s attorney-fee motion and awarded counsel $25,515 after adopting an unobjected-to recommendation.
Milagros Alverio and her counsel are affected: the court awarded counsel $25,515.00 in attorney’s fees and directed counsel to refund $6,500 in previously paid EAJA fees directly to Alverio. The case was closed.
What happened
In Alverio v. Commissioner of Social Security, Magistrate Judge Aaron recommended granting Milagros Alverio’s motion for attorney’s fees and awarding Attorney Berger $25,515.00.
The parties had 14 days to object to the recommendation, but neither party filed objections. Judge Liman therefore reviewed the recommendation for clear error and found none.
Judge Lewis J. Liman adopted the recommendation in full, granted Alverio’s motion, and awarded her counsel $25,515.00 in fees. The order also directed counsel to refund $6,500 in previously paid EAJA fees directly to Alverio and directed the Clerk of Court to close the case.
The detailed version
- Alverio v. Commissioner of Social Security · No. 1:19-cv-06298
- Lewis Liman
- July 14, 2025
Background
On June 19, 2025, Magistrate Judge Aaron issued a Report and Recommendation advising the District Court to grant Plaintiff Milagros Alverio’s motion for attorney’s fees. The recommendation stated that Attorney Berger should receive $25,515.00 in attorney’s fees. The parties were given 14 days to file written objections, and no objections were filed.
Review Standard
Under 28 U.S.C. § 636(b)(1), a district court may accept, reject, or modify a magistrate judge’s report and recommendation. When a party objects, the district court reviews the challenged portions independently. When no objection is filed, the court reviews the recommendation for clear error.
Ruling
Judge Lewis J. Liman reviewed the record and the Report and Recommendation for clear error and found none. The court adopted the recommendation in its entirety, granted Plaintiff’s motion for attorney’s fees, and awarded Plaintiff’s counsel $25,515.00. The order further stated that, upon receiving that amount, Plaintiff’s counsel should refund the previously paid EAJA fees of $6,500 directly to Plaintiff. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.