Escobar v. Saul
- Analisa Torres
- 1:20-cv-09653
- U.S. District Court · Southern District of New York
- 1
In Escobar v. Saul, Judge Torres adopted the recommendation and directed consideration of an $18,298 fee payment to Escobar’s counsel.
Jeanette Escobar’s counsel, who may receive $18,298 under 42 U.S.C. § 406(b)(1) but must return the previously awarded $8,413 under the Equal Access to Justice Act; the Social Security Administration, which should approve and effectuate the payment.
What happened
In Escobar v. Saul, the court considered a recommendation about payment to Jeanette Escobar’s lawyer under a contingency-fee agreement. No party objected to the recommendation.
The court found no clear error and adopted the recommendation in full. It stated that the Social Security Administration should approve and pay $18,298 to Escobar’s counsel under federal law. After receiving that payment, counsel must return the previously awarded $8,413 received under the Equal Access to Justice Act.
Judge Analisa Torres issued the order on September 29, 2022, and directed the clerk to terminate the related motion.
The detailed version
- Escobar v. Saul · No. 1:20-cv-09653
- Analisa Torres
- Sept. 29, 2022
Background
The court reviewed a Report and Recommendation concerning a contingency-fee payment to Jeanette Escobar’s counsel. The opinion states that no objections were filed.
Court’s Analysis
Because there were no objections, the court reviewed the recommendation for clear error. It found none and adopted the recommendation in its entirety.
Disposition
The court stated that the Social Security Administration should approve and effectuate a payment of $18,298 to Escobar’s counsel under 42 U.S.C. § 406(b)(1) and Federal Rule of Civil Procedure 54(d)(2)(B). After receiving that payment, counsel must return the previously awarded $8,413 received under the Equal Access to Justice Act. The clerk was directed to terminate the motion at ECF No. 26.
This was a fee award ancillary to the underlying Social Security matter, rather than a decision on the merits of Escobar’s benefits claim.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.