Laracuente v. Commissioner of Social Security
- Sarah Netburn
- 1:20-cv-02988-SN
- U.S. District Court · Southern District of New York
- 2
In Laracuente v. Commissioner of Social Security, Magistrate Judge Netburn granted counsel $20,980.25 in fees and ordered a $7,740.00 refund.
Jean Carlos Laracuente and his counsel were affected by the fee award; the Commissioner of Social Security did not object to the request.
What happened
In Laracuente v. Commissioner of Social Security, Jean Carlos Laracuente sought review of the denial of Social Security benefits. The court previously sent the case back for further proceedings, after which Laracuente received retroactive benefits.
Laracuente’s counsel asked the court to approve attorney’s fees under a law allowing fees of up to 25% of past-due benefits. The Commissioner told the court that the agency did not object to the request.
Magistrate Judge Sarah Netburn found the requested amount reasonable and granted attorney’s fees of $20,980.25. Judge Netburn directed counsel to refund Laracuente the previously awarded $7,740.00 in Equal Access to Justice Act fees.
The detailed version
- Laracuente v. Commissioner of Social Security · No. 1:20-cv-02988-SN
- Sarah Netburn
- Oct. 17, 2022
Background
Jean Carlos Laracuente filed the Social Security case under 42 U.S.C. § 405(g), asking the court to review the denial of benefits. The parties later agreed that the court would handle the case, and the court remanded the matter for further proceedings on February 23, 2021. The court subsequently approved an agreement awarding Laracuente $7,740.00 in attorney’s fees under the Equal Access to Justice Act.
After the remand, the Social Security Administration awarded Laracuente retroactive benefits. Laracuente’s counsel then moved for attorney’s fees under 42 U.S.C. § 406(b). That provision permits a court to approve a reasonable fee of up to 25% of the claimant’s past-due benefits. The Commissioner filed a letter stating that the agency did not object to the requested fees.
Ruling
Magistrate Judge Sarah Netburn found the requested award reasonable and granted attorney’s fees of $20,980.25, representing 25% of Laracuente’s past-due benefits. The court directed counsel, upon receiving that amount, to refund $7,740.00 directly to Laracuente, representing the previously awarded Equal Access to Justice Act fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.