Greene v. Acting Commissioner of Social Security
- Nelson Roman
- 7:21-cv-08550
- U.S. District Court · Southern District of New York
- 4
In Greene v. Acting Commissioner, Judge Roman granted counsel $58,545.75 in Social Security fees and ordered a $7,835.91 refund to Greene.
Richard Earle Greene and his counsel, Charles Binder, Esq. Binder was awarded $58,545.75 from Greene’s withheld past-due benefits and was ordered to refund Greene $7,835.91 in previously received Equal Access to Justice Act fees. The Social Security Administration was identified as the source of the withheld benefits.
What happened
In Richard Earle Greene v. Acting Commissioner of Social Security, Greene challenged the denial of his application for Disability Insurance Benefits. After the case was sent back to the Social Security Administration, an administrative law judge found Greene disabled and entitled to benefits beginning August 16, 2016. The agency later withheld $58,545.75 for attorney’s fees from Greene’s past-due benefits.
Magistrate Judge Andrew E. Krause recommended granting Greene’s counsel’s request for those fees. Neither Greene nor the Acting Commissioner objected to the recommendation, so the court reviewed it for clear error. The court found no clear error and agreed that the requested fee was reasonable under the applicable law.
Judge Nelson S. Roman adopted the recommendation in full and granted the motion for attorney’s fees. The court awarded Charles Binder, Esq., $58,545.75, to be paid from Greene’s withheld past-due benefits, and ordered Binder to promptly refund Greene $7,835.91 in previously received Equal Access to Justice Act fees.
The detailed version
- Greene v. Acting Commissioner of Social Security · No. 7:21-cv-08550
- Nelson Roman
- Nov. 4, 2025
Background
Richard Earle Greene brought an action under 42 U.S.C. § 405(g) challenging the Social Security Administration’s denial of his application for Disability Insurance Benefits. Greene was represented by counsel. After litigation in this court and a remand to the agency, Administrative Law Judge Raymond Prybylski found Greene disabled and entitled to benefits as of August 16, 2016.
On September 22, 2024, the agency issued a notice stating that Greene was entitled to benefits from February 2017 through August 2024, excluding withholdings. The agency had withheld $58,545.75 from the monetary award for attorney’s fees. Greene’s counsel moved for release of that amount.
Report and Recommendation Review
Magistrate Judge Andrew E. Krause recommended granting the motion under 42 U.S.C. § 406(b). Neither Greene nor the Acting Commissioner filed objections within the required period. The district court therefore reviewed the recommendation for clear error and found none.
The court noted that contingency fees in Social Security cases are capped at 25 percent of past-due benefits and must be reasonable. Relevant considerations include whether the fee agreement involved overreaching or fraud, the quality and results of the representation, whether counsel caused delay, and whether the fee would be an improper windfall compared with the time spent on the case. Magistrate Judge Krause determined that Greene’s counsel was entitled to $58,545.75.
Ruling
Judge Nelson S. Roman adopted the Report and Recommendation in its entirety and granted Greene’s counsel’s motion for reasonable attorney’s fees. The court awarded Charles Binder, Esq., $58,545.75, payable from Greene’s past-due benefits as withheld by the Social Security Administration. The court also ordered Binder to promptly refund Greene $7,835.91, representing the full amount of Equal Access to Justice Act fees previously received, before receiving the attorney’s-fee award. The clerk was directed to terminate the motion at ECF No. 27.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.