Windover v. Kilolo Kojakazi
- George Daniels
- 1:19-cv-03742-GBD-KHP
- U.S. District Court · Southern District of New York
- 2
Windover v. Kojakazi: Judge Daniels approved $36,125.63 in fees and ordered counsel to refund $8,300.00 in earlier fees.
The plaintiff’s attorneys received approval for $36,125.63 in fees but were ordered to refund the $8,300.00 EAJA fee to the plaintiff.
What happened
In Windover v. Kilolo Kojakazi, the court had previously sent the Social Security case back for further administrative proceedings. It had also approved $8,300.00 in attorney fees under the Equal Access to Justice Act. After the proceedings ended, the plaintiff’s counsel asked for another $36,125.63 under a different federal fee statute.
A magistrate judge recommended approving the requested amount and requiring the attorneys to return the earlier $8,300.00 fee to the plaintiff. No party objected to that recommendation. The district court reviewed it for clear error and found none.
Judge George B. Daniels adopted the recommendation in full. The court granted the fee motion for $36,125.63 and ordered the plaintiff’s attorneys to refund the $8,300.00 Equal Access to Justice Act fee to the plaintiff.
The detailed version
- Windover v. Kilolo Kojakazi · No. 1:19-cv-03742-GBD-KHP
- George Daniels
- Jan. 11, 2022
Background
The court stated that it had remanded this Social Security case to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. On February 18, 2020, the court approved an attorney-fee award of $8,300.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. After the proceedings on remand were completed, the plaintiff’s counsel moved for $36,125.63 in additional fees and costs under 42 U.S.C. § 406(b).
Report and Recommendation
Magistrate Judge Parker recommended granting the fee motion for the full $36,125.63 and requiring the plaintiff’s attorneys to refund the EAJA fee. The opinion explains that when counsel receives fees under both § 406(b) and the EAJA for the same work, counsel must refund the smaller fee to the claimant. The parties were warned that failing to object to the recommendation would waive objections on appeal, and no objections were filed.
Ruling
Judge George B. Daniels reviewed the unobjected-to recommendation for clear error. The court found no error, adopted Magistrate Judge Parker’s Report and Recommendation in its entirety, and granted the motion for approval of attorney fees in the amount of $36,125.63. The court also ordered the plaintiff’s attorneys to refund the $8,300.00 awarded under the EAJA to the plaintiff. The clerk was instructed to close the fee motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.