Pellicano v. Commissioner of Social Security
- Sarah Netburn
- 1:18-cv-04862
- U.S. District Court · Southern District of New York
- 2
In Pellicano v. Commissioner, Judge Netburn recommended granting counsel $13,116.90 and requiring a $6,550 EAJA-fee refund.
Barbara Pellicano and her counsel are affected by the fee award and required refund; the Commissioner did not object to the fee request.
What happened
Pellicano v. Commissioner of Social Security began when Barbara Pellicano sought review of the denial of Social Security benefits. The case was remanded for further proceedings, and Pellicano later received retroactive benefits.
Pellicano’s lawyer asked for fees under a federal law allowing reasonable fees of up to 25% of past-due benefits. The Commissioner did not object to the request.
Judge Sarah Netburn determined that the requested $13,116.90 was reasonable and recommended that the fees be granted. She directed counsel to refund Pellicano the previously awarded $6,550 in Equal Access to Justice Act fees after receiving the new payment.
The detailed version
- Pellicano v. Commissioner of Social Security · No. 1:18-cv-04862
- Sarah Netburn
- Mar. 9, 2021
Background
Barbara Pellicano filed the case under 42 U.S.C. § 405(g) to seek review of a denial of Social Security benefits. The parties consented to Magistrate Judge Sarah Netburn’s jurisdiction. In August 2019, the court approved a stipulation and order remanding the matter to the Commissioner for further proceedings. The court separately approved an award of $6,550 in attorney’s fees under the Equal Access to Justice Act.
After the remand, Pellicano received retroactive benefits from the Social Security Administration. Her counsel then moved for attorney’s fees under 42 U.S.C. § 406(b), which permits a court to approve a reasonable fee of up to 25% of the past-due benefits awarded to a claimant. The Commissioner filed a letter stating that he did not object to the requested fees.
Ruling
The court determined that the requested fee was reasonable and recommended that attorney’s fees be granted in the amount of $13,116.90, representing 25% of Pellicano’s past-due benefits. Upon receiving that amount, Pellicano’s counsel was directed to refund $6,550 directly to Pellicano, representing the previously awarded Equal Access to Justice Act fees.
Disposition
The order recommends granting the § 406(b) attorney’s-fee award and directs counsel to make the specified refund.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.