Morales v. Commissioner of Social Security

Background

William N. Morales applied for Social Security Disability benefits and Supplemental Security Income, alleging disability beginning April 16, 2018. An administrative law judge initially found that he was not disabled, and the Appeals Council upheld that decision. Morales appealed to the court and obtained an agreed remand. In connection with that earlier appeal, the court awarded his counsel $750 under the Equal Access to Justice Act, a law allowing certain fee awards against the government.

After the remand, the administrative law judge found Morales disabled beginning January 15, 2021, entitling him to $41,237 in past-due benefits. Morales’s retainer agreement provided that his counsel could receive up to 25% of past-due benefits. Counsel sought $5,154.63 under 42 U.S.C. § 406(b), which governs attorney-fee awards for representation in court proceedings in Social Security cases. The opinion also states that Morales was appealing the finding that he was not disabled between April 16, 2018, and January 14, 2021.

Report and Recommendation

Magistrate Judge Victoria Reznik recommended granting the motion. The deadline for objections was 14 days, and no objections were filed. The district court therefore reviewed the recommendation for clear error on the face of the record and found none.

Ruling

Judge Kenneth M. Karas adopted the report and recommendation in its entirety. The court granted the motion, ordered the Commissioner to pay Morales’s counsel $5,154.63, and ordered counsel to promptly refund the earlier $750 fee award directly to Morales. The clerk was directed to terminate the motion and close the case.