Mann v. Berryhill
- George Daniels
- 1:17-cv-02306
- U.S. District Court · Southern District of New York
- 3
In Mann v. Berryhill, Judge Daniels granted Linda J. Mann’s motion for $21,597.50 in attorney’s fees after a Social Security remand.
Linda J. Mann’s request for attorney’s fees was granted, and Nancy A. Berryhill was ordered to pay $21,597.50.
What happened
Linda J. Mann sued Nancy A. Berryhill under the Social Security Act to challenge the denial of disability insurance benefits. The case was remanded for further administrative proceedings by agreement, and the Commissioner previously paid $3,700 in attorney’s fees and expenses and $400 in costs under the Equal Access to Justice Act.
Mann later asked for $21,597.50 in attorney’s fees under a different Social Security fee provision, based on 25% of the retroactive benefits awarded after remand. Magistrate Judge Kevin N. Fox recommended granting the unopposed request.
In Mann v. Berryhill, Judge George B. Daniels reviewed the recommendation for clear error, adopted it in full, and granted Mann’s motion. The court ordered Berryhill to pay $21,597.50 in attorney’s fees.
The detailed version
- Mann v. Berryhill · No. 1:17-cv-02306
- George Daniels
- Apr. 6, 2020
Background
Linda J. Mann brought this Social Security Act case under 42 U.S.C. § 405(g), seeking review of an administrative law judge’s decision denying her disability insurance benefits. Mann moved for judgment on the pleadings. The parties then entered a stipulation and order sending the case back to the Commissioner for further administrative proceedings.
The parties separately agreed that the Commissioner would pay $3,700 in attorney’s fees and expenses and $400 in costs under the Equal Access to Justice Act. After the remand, Mann moved for $21,597.50 in attorney’s fees under 42 U.S.C. § 406(b), stating that the amount represented 25% of the retroactive benefits awarded after remand.
Report and Recommendation
Magistrate Judge Kevin N. Fox recommended granting Mann’s unopposed motion. Because neither party objected, Judge Daniels reviewed the recommendation for clear error—the standard used to determine whether the court is firmly convinced that a mistake was made.
Ruling
Judge Daniels found no error in Magistrate Judge Fox’s calculation of the requested fees and adopted the Report and Recommendation in full. The court granted Mann’s motion for attorney’s fees and ordered Nancy A. Berryhill to pay $21,597.50. The clerk was directed to close the motion.
Classification
This is a procedural order because it awarded attorney’s fees, an ancillary matter, rather than deciding the underlying disability-benefits dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.