Richardson v. Berryhill
- Laura Swain
- 1:19-cv-01408
- U.S. District Court · Southern District of New York
- 2
In Richardson v. Berryhill, Judge Swain granted counsel’s fee motion for $24,240.40 and ordered a $6,600 EAJA-fee refund to Richardson.
Richardson’s counsel received the $24,240.40 fee award but was ordered to refund Richardson $6,600 in previously awarded Equal Access to Justice Act fees.
What happened
In Richardson v. Berryhill, the court reviewed a recommendation that Richardson’s counsel receive attorneys’ fees for work in the Social Security case. The recommendation sought $24,240.40, equal to 25 percent of past-due benefits.
No one objected to the recommendation, and the Commissioner did not oppose the fee motion. The court found no clear error in the magistrate judge’s recommendation.
Judge Laura Taylor Swain adopted the recommendation in full. She granted the fee motion for $24,240.40 and ordered Richardson’s counsel to refund Richardson the previously awarded $6,600 in Equal Access to Justice Act fees.
The detailed version
- Richardson v. Berryhill · No. 1:19-cv-01408
- Laura Swain
- Oct. 13, 2020
Background
The court reviewed Magistrate Judge Cave’s September 25, 2020, Report and Recommendation concerning Richardson’s counsel’s motion for attorneys’ fees. The recommendation was to award $24,240.40 under 42 U.S.C. § 406(b), representing 25 percent of past-due Social Security benefits. It also recommended ordering Richardson’s attorney to refund Richardson $6,600 in fees previously awarded under the Equal Access to Justice Act.
The opinion states that the Commissioner did not oppose the motion and that no objections to the Report were filed.
Court’s Review
When no objections are filed to a magistrate judge’s report and recommendation, the district court reviews the record for clear error before adopting the recommendation. Judge Swain reviewed the Report carefully and found no clear error.
Ruling
Judge Laura Taylor Swain adopted the Report in its entirety. The court granted the motion for attorneys’ fees in the amount of $24,240.40 and ordered Richardson’s counsel to refund directly to Richardson the previously awarded Equal Access to Justice Act fees of $6,600. The clerk was asked to terminate the docket entry for the motion.
The caption identifies Andrew Saul as the Commissioner, and the footnote states that Saul was automatically substituted for Nancy A. Berryhill under Federal Rule of Civil Procedure 25(d).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.