Martin v. Berryhill
- George Daniels
- 1:19-cv-01831
- U.S. District Court · Southern District of New York
- 1
In Martin v. Commissioner, Magistrate Judge Fox ordered a status letter about fees and a proposed schedule for a supplemental fee motion.
Adam C. Martin and his lawyer, regarding the status of the Social Security Administration’s $9,999 fee authorization and the timing of a supplemental attorney’s-fee motion.
What happened
In Adam C. Martin v. Commissioner of Social Security, Martin’s lawyer said he intended to file another request for attorney’s fees under a cited appellate decision.
The Social Security Administration had authorized Martin’s lawyer to collect $9,999 in fees and said any challenge to that amount had to be made within 30 days of the notice.
The court ordered Martin to file a letter by June 28, 2021, stating whether he or his lawyer challenged the authorization and proposing a date for the additional fee motion. Magistrate Judge Kevin Nathaniel Fox issued the order.
The detailed version
- Martin v. Berryhill · No. 1:19-cv-01831
- George Daniels
- June 24, 2021
Background
On May 5, 2021, Martin’s lawyer filed an affirmation stating that he intended to file a supplemental motion for attorney’s fees under the decision in Sinkler v. Berryhill. The filing attached an April 5, 2021 authorization from the Social Security Administration allowing Timothy S. McAdam of McAdam & Fallon, P.C. to charge and collect $9,999. The authorization stated that either the claimant or the lawyer could write to the agency within 30 days if the fee was considered too high or too low.
Order
The court ordered Martin to file, by June 28, 2021, a status letter stating whether Martin or his lawyer had challenged the Social Security Administration’s April 5 authorization within the permitted period. Martin also had to propose a date for filing a supplemental motion for attorney’s fees.
Disposition
The order set reporting and scheduling requirements; it did not decide the amount of attorney’s fees or rule on a supplemental fee motion. Magistrate Judge Kevin Nathaniel Fox signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.