Cruz v. Berryhill

Background

Monique Cruz filed this Social Security Act case seeking review of an administrative law judge’s decision denying her supplemental security income and disability insurance benefits. The case was initially brought against Nancy A. Berryhill, but Andrew M. Saul was substituted as defendant after becoming Commissioner of the Social Security Administration.

The parties agreed to remand the case for further administrative proceedings, and the court entered judgment remanding it on January 19, 2018. The Commissioner also agreed to pay $5,499 in attorney’s fees and expenses under the Equal Access to Justice Act. Those fees were entirely offset by Cruz’s debt to the federal government.

On June 2, 2020, the Social Security Administration issued a notice stating that $6,373 would be withheld from Cruz’s past-due benefits for attorney’s fees. Cruz’s counsel then moved for an award of $6,373 under 42 U.S.C. § 406(b). The Commissioner filed a letter stating that he did not object and would defer to the court’s discretion.

Report and Recommendation

Magistrate Judge James L. Cott recommended granting the fee motion. The parties were advised that failing to object could waive objections on appeal. No objections were filed.

When no timely objections are filed, the district court reviews the magistrate judge’s recommendation for clear error—whether the record leaves the court with a definite and firm conviction that a mistake was made.

Ruling

The court found that Magistrate Judge Cott had conducted a thorough and careful review of the attorney-fee issue. After reviewing the report, Judge George B. Daniels found no error, clear or otherwise, and adopted the recommendation to award $6,373 in attorney’s fees.

The court granted Plaintiff’s counsel’s motion for attorney’s fees and directed the clerk to close the motion.