Cirelli v. Commissioner of Social Security

Background

Christopher Cirelli brought this Social Security disability-benefits case under 42 U.S.C. § 405(g), asking the court to review the denial of his application. In an earlier round of the case, Magistrate Judge Stewart D. Aaron recommended vacating the Commissioner’s decision and sending the case back for further proceedings. The court adopted that recommendation.

The parties later stipulated to an award of $7,500 in attorney’s fees under the Equal Access to Justice Act. Because of a federal debt offset, Cirelli’s counsel received only $5,403.38 of that amount. After the remand, the Commissioner issued a decision favorable to Cirelli, awarding him disability benefits and significant retroactive benefits.

Motion for Attorney’s Fees

Cirelli then moved for $20,000 in attorney’s fees under 42 U.S.C. § 406(b). The Commissioner told the court that it did not object. Magistrate Judge Aaron recommended granting the motion, awarding $20,000, and requiring Cirelli’s counsel to promptly refund to Cirelli the $5,403.38 previously paid under the Equal Access to Justice Act. No party objected to the recommendation.

Ruling

The court reviewed the recommendation and found no error. Judge Ramos adopted the magistrate judge’s recommendations in their entirety. The court granted Cirelli’s motion for attorney’s fees, awarded $20,000 in attorney’s fees, and ordered Cirelli’s counsel to promptly refund Cirelli the $5,403.38 previously paid under the Equal Access to Justice Act. The clerk was directed to terminate the motion.