Ward v. Saul

Background

Troy A. Ward brought the action under 42 U.S.C. § 405(g) to obtain judicial review of the Commissioner of Social Security’s decision denying his application for benefits. The parties agreed that the decision should be reversed and that the case should be sent back for further administrative proceedings under sentence four of § 405(g). The court approved that agreement, and judgment was entered.

The parties later agreed that Ward was entitled to $7,292.53 in attorney’s fees under the Equal Access to Justice Act. The Social Security Administration then notified Ward that he was entitled to past-due benefits and had withheld $17,770.75 from those benefits to pay his representative.

Attorney’s-Fee Motion

Ward moved for approval of $17,770.75 in attorney’s fees under 42 U.S.C. § 406(b)(1), based on 35.14 hours of work performed in the case. Magistrate Judge Cott issued a report and recommendation recommending that the motion be granted.

Neither party filed objections. Because the parties had received notice that failing to object would waive judicial review, the district court reviewed the recommendation for clear error on the face of the record rather than conducting a fresh review of the disputed issues.

Ruling

Judge Gardephe found the recommendation thorough, well reasoned, and free of clear error. The court adopted the recommendation in its entirety and granted Ward’s motion for attorney’s fees. It awarded $17,770.75 and directed Ward to return any amount he had received under the Equal Access to Justice Act. The Clerk of Court was directed to terminate the motion and close the case.

Classification Basis

This is a procedural order because it decided an ancillary attorney’s-fee request rather than the underlying Social Security benefits question.