Flynn v. Berryhill
- Vernon Broderick
- 1:18-cv-02686
- U.S. District Court · Southern District of New York
- 3
In Flynn v. Saul, Judge Broderick adopted an unopposed recommendation ordering approval of $43,250 in fees and a $7,000 refund to Flynn.
Sean Flynn, the Law Offices of Christopher J. Bowes, Esq., and the Social Security Administration.
What happened
In Flynn v. Saul, Sean Flynn asked the court to award attorney’s fees under a federal Social Security law. The request was referred to Magistrate Judge Ona T. Wang.
Judge Wang recommended that the Social Security Administration approve a $43,250 payment to the Law Offices of Christopher J. Bowes, and that the firm refund $7,000 to Flynn after receiving the payment. Neither side objected to the recommendation.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, and adopted it in full. The court directed the Social Security Administration to approve the payment and directed Christopher J. Bowes to promptly refund $7,000 to Flynn; it also directed the Clerk to close the fee motion.
The detailed version
- Flynn v. Berryhill · No. 1:18-cv-02686
- Vernon Broderick
- Apr. 6, 2023
Background
Sean Flynn moved for an award of attorney’s fees under 42 U.S.C. § 406(b). The motion was referred to Magistrate Judge Ona T. Wang, who issued a report and recommendation on March 17, 2023.
Report and Recommendation
Judge Wang recommended that the Social Security Administration approve a payment of $43,250.00 to the Law Offices of Christopher J. Bowes, Esq. The recommendation also stated that, after receiving the payment, Christopher J. Bowes, Esq., should promptly refund $7,000.00 to Flynn.
The parties were given 14 days to object, but neither party filed an objection. Because there were no objections, the district court reviewed the report and recommendation for clear error rather than conducting a fresh review of disputed portions.
Ruling
Judge Vernon S. Broderick found no clear error and adopted Judge Wang’s report and recommendation in its entirety. The court directed the Social Security Administration to approve the $43,250.00 payment to the law office and directed Christopher J. Bowes, Esq., to promptly refund $7,000.00 to Flynn upon receipt of the payment. The court also directed the Clerk of Court to close the motion at docket entry 29.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.