Burgos Rivera v. Commissioner of Social Security
- Gabriel Gorenstein
- 1:18-cv-00084-GWG
- U.S. District Court · Southern District of New York
- 1
In Burgos Rivera v. Commissioner of Social Security, Judge Gorenstein granted Daniel Berger’s fee motion, awarded $23,200, and required $5,500 returned to Lizette Burgos Rivera.
Lizette Burgos Rivera and attorney Daniel Berger; Berger was awarded $23,200 in fees and must remit $5,500 to Rivera.
What happened
In Lizette Burgos Rivera v. Commissioner of Social Security, attorney Daniel Berger asked the court to award attorney’s fees under a federal Social Security fee statute.
The opinion states that the request was supported by essentially the same reasons discussed in Blizzard v. Astrue. It does not provide further details about the underlying Social Security dispute.
Judge Gabriel W. Gorenstein granted the motion and awarded Berger $23,200 in fees. After receiving that amount, Berger must give Lizette Burgos Rivera $5,500, representing fees previously awarded under the Equal Access to Justice Act.
The detailed version
- Burgos Rivera v. Commissioner of Social Security · No. 1:18-cv-00084-GWG
- Gabriel Gorenstein
- Dec. 13, 2022
Background
Attorney Daniel Berger filed a motion for attorney’s fees, identified as Docket No. 29. The opinion does not describe the underlying Social Security claims or the work for which the fees were requested.
Court’s Ruling
The court stated that, for essentially the reasons given in Blizzard v. Astrue, 496 F. Supp. 2d 320 (S.D.N.Y. 2007), the motion was granted. The court awarded Daniel Berger $23,200 in attorney’s fees under 42 U.S.C. § 406(b). The order further provides that, after receiving that amount, counsel must remit $5,500 to Lizette Burgos Rivera. That $5,500 was the amount counsel had previously been awarded under the Equal Access to Justice Act.
Disposition
Judge Gabriel W. Gorenstein granted the attorney-fee motion and awarded $23,200. The order also required counsel to return $5,500 to the plaintiff.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.