Breland v. Commissioner of Social Security
- Edgardo Ramos
- 1:20-cv-05576
- U.S. District Court · Southern District of New York
- 3
In Breland v. Commissioner of Social Security, Judge Ramos granted Breland’s fee motion, awarded $24,569, and ordered counsel to refund $8,825 to Breland.
Cameisa Lavel Breland, her counsel, and the Commissioner of Social Security; the order directly awarded attorney’s fees to Breland’s counsel and required a refund to Breland.
What happened
Cameisa Lavel Breland sued the Commissioner of Social Security to challenge a denial of Disability Insurance Benefits. In this opinion, the court considered Breland’s request for $24,569 in attorney’s fees under the Equal Access to Justice Act.
A magistrate judge recommended granting the request. Neither party objected, so the court reviewed the recommendation for clear error and found none.
The court adopted the recommendation and granted Breland’s motion. Judge Ramos awarded $24,569 in attorney’s fees and ordered Breland’s counsel to promptly refund Breland $8,825 previously paid under that law.
The detailed version
- Breland v. Commissioner of Social Security · No. 1:20-cv-05576
- Edgardo Ramos
- May 25, 2023
Background
Cameisa Lavel Breland brought an action seeking review of the Commissioner of Social Security’s denial of her eligibility for Disability Insurance Benefits under 42 U.S.C. § 205(g). The issue in this opinion was Breland’s motion for $24,569 in attorney’s fees under the Equal Access to Justice Act.
Report and Recommendation
Magistrate Judge Stewart D. Aaron recommended granting the fee motion. The parties were given fourteen days to submit written objections, but no objection was filed.
Court’s Analysis
The district court explained that it could adopt the portions of a magistrate judge’s report and recommendation to which no timely objection was made unless the record showed clear error. The court reviewed Magistrate Judge Aaron’s recommendation and found no error, clear or otherwise.
Disposition
The court adopted the recommendation and granted Breland’s motion. It awarded her counsel $24,569 in attorney’s fees and ordered counsel, upon receiving that amount, to promptly refund $8,825 to Breland. The court stated that this was the amount of attorney’s fees previously paid to counsel under the Equal Access to Justice Act. The Clerk was directed to terminate the motion.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.