Otero v. Commissioner of Social Security

Background

On March 8, 2023, Charles Binder, Angel Luis Otero Jr.'s attorney, filed a motion seeking $23,904.50 in attorney's fees under 42 U.S.C. § 406(b). The Commissioner of Social Security responded in a limited role described as resembling that of a trustee for the claimant. The Commissioner did not take a specific position on whether the requested fee was reasonable and deferred that determination to the court.

Report and Recommendation

The court referred the motion to Magistrate Judge Andrew E. Krause. On May 2, 2023, Judge Krause issued a Report and Recommendation recommending that the court grant the motion. The recommendation explained that objections were due within 14 days and that failing to object would waive objections and prevent appellate review. The Commissioner filed no objections.

Ruling

When no objections are filed, the district court reviews a recommendation on a motion that can resolve a matter for clear error. Judge Karas reviewed the motion and the recommendation and found no substantive error, including no clear error. The court therefore ordered that the May 2, 2023 Report and Recommendation be adopted in its entirety.

Effect

The order adopted the recommendation concerning Binder's $23,904.50 fee request. Because this was an attorney-fee proceeding ancillary to the Social Security matter, the ruling addressed fees rather than the underlying merits of Otero's Social Security claim.