Raymond v. Colvin
- George Daniels
- 1:16-cv-03577
- U.S. District Court · Southern District of New York
- 3
In Raymond v. Colvin, Judge Daniels granted counsel’s motion for $22,505 in Social Security fees and ordered a $6,150 refund to Raymond.
Raymond’s counsel received the $22,505 fee award from the withheld past-due benefits and was required to refund $6,150 directly to Raymond.
What happened
In Raymond v. Colvin, Debra Raymond sought review of a decision denying her Social Security disability benefits. The court had previously sent the case back for further administrative proceedings, and the Social Security Administration later awarded her past-due benefits.
The Administration withheld $22,505 from those benefits for attorneys’ fees. Raymond’s counsel asked the court to award that amount under the Social Security Act. Counsel had previously received $6,150 under a separate federal fee law.
Judge Daniels found no error in the magistrate judge’s recommendation and granted the motion for $22,505. He directed counsel to refund the earlier $6,150 payment directly to Raymond.
The detailed version
- Raymond v. Colvin · No. 1:16-cv-03577
- George Daniels
- Dec. 16, 2020
Background
Debra Raymond brought this Social Security Act case under 42 U.S.C. § 405(g), asking the court to review an administrative law judge’s denial of disability insurance benefits. The court previously remanded the case to the Social Security Administration for further administrative proceedings. A later stipulation required the Commissioner to pay $6,150 in attorneys’ fees and expenses under the Equal Access to Justice Act.
The Social Security Administration later awarded Raymond past-due benefits and withheld $22,505, representing 25% of those benefits, for attorneys’ fees. Raymond’s counsel moved for an award of $22,505 under 42 U.S.C. § 406(b).
Report and Recommendation
Magistrate Judge Barbara C. Moses recommended granting the fee motion. No party objected. Because there were no objections, the court reviewed the recommendation for clear error. The court found no error, clear or otherwise. The court also noted that counsel had to return the $6,150 previously paid under the Equal Access to Justice Act.
Ruling
The court GRANTED counsel’s motion for attorneys’ fees in the amount of $22,505. Upon receiving that amount, counsel was directed to refund $6,150 directly to Raymond. The Clerk was directed to close the motion.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.