Raphael v. Commissioner of Social Security

Background

Plaintiff’s counsel filed a motion for attorney’s fees under 42 U.S.C. § 406(b)(1). Plaintiff informed the court that the administrative representative had filed a separate fee petition with the agency seeking $11,751.75. Plaintiff stated that, if the agency approved that petition in full, only $3,357.50 would remain from the benefits withheld for fees, and Plaintiff’s court fee motion would be withdrawn.

Plaintiff asked the court to stay, or temporarily pause, consideration of the fee motion until the agency determined the administrative representative’s fees. Plaintiff also requested permission to file a status report every 60 days.

Rulings

Judge Kenneth Karas granted Plaintiff’s application and stayed consideration of Plaintiff’s attorney’s-fee motion, identified as ECF No. 25, pending determination of the administrative representative’s fee amount. Plaintiff was directed to provide status updates every 60 days, with the first update due March 23, 2021.

The court also granted Defendant’s letter motion, identified as ECF No. 32. The court extended Defendant’s deadline to respond to Plaintiff’s fee motion until two weeks after Plaintiff informed the court of the amount of the administrative representative’s approved fees. The Clerk was directed to terminate the motion at ECF No. 32. The order did not decide whether Plaintiff was entitled to the requested attorney’s fees.