Colon v. Commissioner of Social Security
- Gabriel Gorenstein
- 1:20-cv-00243
- U.S. District Court · Southern District of New York
- 1
In Colon v. Commissioner, Judge Gorenstein granted counsel’s fee motion, awarding Daniel Berger $20,861.25 from withheld past-due benefits.
Plaintiff’s counsel Daniel Berger was awarded $20,861.25 in attorney’s fees, payable from the past-due benefits withheld by the Commissioner of Social Security; the order concerns the fee payment associated with plaintiff’s Social Security case.
What happened
In Colon v. Commissioner of Social Security, plaintiff’s counsel Daniel Berger asked for an attorney-fee award under federal law. The opinion considered whether the requested amount was reasonable.
The court found that counsel’s expertise in Social Security matters, efficient work, the uncertainty of the case, and the importance of encouraging attorneys to take cases on a contingency basis supported the requested award.
Judge Gorenstein granted the fee motion. Daniel Berger was awarded $20,861.25, to be paid from the past-due benefits amount withheld by the Commissioner of Social Security.
The detailed version
- Colon v. Commissioner of Social Security · No. 1:20-cv-00243
- Gabriel Gorenstein
- Mar. 21, 2022
Background
Plaintiff’s counsel filed an application for attorney’s fees at Docket No. 26. The application sought fees under 42 U.S.C. § 406(b), which permits an award of attorney’s fees in a Social Security case from past-due benefits withheld by the Commissioner of Social Security.
Court’s analysis
The court stated that the factors used to evaluate the reasonableness of a fee request had been satisfied. It relied on the reasons discussed in Blizzard v. Astrue and referred to factors identified by courts, including the Second Circuit in Fields v. Kijakazi. The court specifically considered counsel’s expertise in Social Security matters, counsel’s efficient operation, the fact that the case was not a certain win, and the importance of encouraging attorneys to accept Social Security cases on a contingency basis. It concluded that the requested award was not so large compared with the hours counsel worked that it required reduction.
Ruling
Judge Gabriel W. Gorenstein ordered that plaintiff’s counsel’s motion for attorney’s fees be granted. Attorney Daniel Berger was awarded $20,861.25 in fees under 42 U.S.C. § 406(b), to be paid from the amount withheld by the Commissioner of Social Security from the past-due benefits awarded to the plaintiff.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.