Galloway v. Commissioner of Social Security
- Paul Engelmayer
- 1:19-cv-03400-PAE-JLC
- U.S. District Court · Southern District of New York
- 2
In Galloway v. Commissioner, Judge Engelmayer granted counsel $6,675 in fees and ordered $1,794.07 returned to Galloway.
Darren Franklin Galloway and his counsel, Michael S. Aranoff, were directly affected; the Commissioner of Social Security was the opposing party.
What happened
In Galloway v. Commissioner of Social Security, the court reviewed a request by Galloway’s counsel, Michael S. Aranoff, for attorney fees under the Social Security Act. The request followed a favorable decision for Galloway after the case was sent back to the Commissioner.
A magistrate judge recommended awarding $6,675 in fees and requiring Aranoff to return $1,794.07 to Galloway. No party objected to that recommendation, so the court reviewed it for clear error and found none.
Judge Paul A. Engelmayer adopted the recommendation in full. He granted the fee motion for $6,675 and ordered Galloway’s counsel to return $1,794.07 to Galloway. The court also stated that the parties’ failure to object waived appellate review.
The detailed version
- Galloway v. Commissioner of Social Security · No. 1:19-cv-03400-PAE-JLC
- Paul Engelmayer
- July 18, 2022
Background
The pending motion sought attorney fees under Section 406(b) of the Social Security Act, 42 U.S.C. § 406(b). Plaintiff’s counsel, Michael S. Aranoff, filed the motion after the Commissioner issued a favorable decision for Darren Franklin Galloway following the remand of the case to the Commissioner.
Report and Recommendation
United States Magistrate Judge James L. Cott recommended granting the motion for $6,675 in fees and requiring Aranoff to return $1,794.07 to Galloway. The district court noted that no party had objected to the recommendation.
Court’s Review and Ruling
When no timely objection is made to a magistrate judge’s report and recommendation, the district court reviews the report for clear error. The court reviewed Judge Cott’s report, found no facial error, and adopted it in its entirety. The court granted the motion for fees in the amount of $6,675 and ordered that $1,794.07 be returned to Galloway by his counsel. The court also stated that the parties’ failure to object waived appellate review.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.