Rivera v. Saul
- Vyskocil
- 1:19-cv-11745
- U.S. District Court · Southern District of New York
- 1
In Rivera v. Kijakazi, Judge Vyskocil granted counsel’s $22,131 fee request and ordered an $8,200 refund to Rivera.
Jose Rivera and Counsel Fishman’s office
What happened
In Rivera v. Kijakazi, Jose Rivera’s counsel asked the court for attorney fees under 42 U.S.C. § 406(b). The request concerned fees for representation in Rivera’s Social Security case.
The court found that the fee request was timely, reasonable, and not an improper windfall under the factors described in Fields v. Kijakazi. The order awarded counsel $22,131.
Judge Mary Kay Vyskocil granted the fee motion and ordered Counsel Fishman’s office to refund $8,200 in previously received EAJA fees directly to Rivera.
The detailed version
- Rivera v. Saul · No. 1:19-cv-11745
- Vyskocil
- May 25, 2022
Background
Jose Rivera’s counsel filed a motion seeking attorney fees under 42 U.S.C. § 406(b). The opinion does not provide additional details about the underlying Social Security dispute.
Court’s analysis
The court found that the fee petition was timely and reasonable. It also found that the requested amount was not a windfall, applying the factors described in Fields v. Kijakazi, 24 F.4th 845 (2d Cir. Jan. 28, 2022).
Ruling
The court granted Plaintiff’s motion for an award of attorney fees under 42 U.S.C. § 406(b). It awarded counsel $22,131.00. After payment of those fees to Counsel Fishman’s office, Counsel Fishman was ordered to refund $8,200.00 in EAJA fees directly to Rivera.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.