Medina v. Commissioner of Social Security
- Edgardo Ramos
- 1:17-cv-10099
- U.S. District Court · Southern District of New York
- 3
In Medina v. Commissioner of Social Security, Judge Ramos granted $23,547.25 in fees and ordered counsel to refund $4,800 to Medina.
Medina received the fee award; her counsel was ordered to refund $4,800 to her; and the Commissioner did not oppose the motion.
What happened
In Medina v. Commissioner of Social Security, the court had previously reversed the denial of Medina’s Social Security benefits claim and sent it back for further administrative proceedings. Medina later received retroactive benefits.
Medina’s counsel asked for $23,547.25 in fees under federal law, an amount representing 25 percent of Medina’s retroactive benefits. The Commissioner did not oppose the request. A magistrate judge recommended granting it and requiring counsel to refund Medina the $4,800 previously awarded under the Equal Access to Justice Act.
No party objected to the recommendation, and Judge Ramos found no error. He adopted the recommendation, granted the fee motion, awarded $23,547.25 in attorney’s fees, and ordered counsel to promptly refund $4,800 to Medina.
The detailed version
- Medina v. Commissioner of Social Security · No. 1:17-cv-10099
- Edgardo Ramos
- Aug. 5, 2021
Background
Melinda Medina brought this action under 42 U.S.C. § 405(g) to challenge the denial of her claim for benefits under Titles II and XVI of the Social Security Act. The court entered the parties’ stipulation reversing the Commissioner’s decision and remanding the matter to the Social Security Administration for further administrative proceedings. The court later entered another stipulation awarding Medina $4,800 in attorney’s fees under the Equal Access to Justice Act. After the remand, Medina received retroactive benefits.
Fee Motion and Recommendation
Medina moved for attorney’s fees under 42 U.S.C. § 406(b), seeking $23,547.25, which represented 25 percent of the retroactive benefits awarded to her. The Commissioner informed the court that the Social Security Administration did not oppose the motion. Magistrate Judge Debra C. Freeman issued a report and recommendation advising the court to grant the motion, award $23,547.25 in fees, and order Medina’s counsel to promptly refund the previously awarded $4,800 to Medina. No party filed an objection within the permitted period.
Ruling
Because no objection was filed, the court reviewed the report and recommendation for clear error. Judge Ramos found no error and adopted Magistrate Judge Freeman’s recommendations in their entirety. The court granted Medina’s motion for attorney’s fees, awarded $23,547.25 in attorney’s fees, and ordered Medina’s counsel to promptly refund the $4,800 previously awarded on November 28, 2018. The Clerk of Court was directed to terminate the motion.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.