Raphael v. Commissioner of Social Security
- Kenneth Karas
- 7:18-cv-06120
- U.S. District Court · Southern District of New York
- 2
Raphael v. Commissioner of Social Security: Judge Karas granted the Commissioner a 30-day extension to respond to a fee motion.
The Commissioner of Social Security received additional time to respond to the plaintiff’s counsel’s attorney-fee motion; the opinion does not resolve that motion.
What happened
In Raphael v. Commissioner of Social Security, the Commissioner asked for 30 more days to respond to the plaintiff’s counsel’s request for attorney fees under a Social Security law. The request concerned fees from the plaintiff’s benefits case, not the original benefits decision.
The Commissioner said the extension would allow the Commissioner to provide the court’s required view on the fee request. The plaintiff’s counsel agreed to the extension.
Judge Kenneth M. Karas granted the request and ordered it on November 25, 2020.
The detailed version
- Raphael v. Commissioner of Social Security · No. 7:18-cv-06120
- Kenneth Karas
- Nov. 27, 2020
Background
The plaintiff brought the underlying action under 42 U.S.C. § 405(g), challenging the Commissioner of Social Security’s decision denying her application for disability benefits. The opinion addresses a later request involving attorney fees under 42 U.S.C. § 406(b)(1), a provision concerning fees for a claimant’s attorney in a Social Security case.
The Commissioner requested a 30-day extension—from November 25, 2020, to December 25, 2020—to respond to the plaintiff’s counsel’s fee motion. The Commissioner stated that the request was the Commissioner’s first extension request concerning that motion, that the plaintiff’s counsel consented, and that the Commissioner had no direct financial stake in the fee matter. The Commissioner also noted that the court had previously granted a two-week extension concerning the plaintiff’s request for fees under the Equal Access to Justice Act.
Ruling
Judge Kenneth M. Karas granted the Commissioner’s request for the 30-day extension and ordered it on November 25, 2020. The opinion does not decide the amount of attorney fees or the merits of the plaintiff’s disability-benefits claim.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.