Guzman v. Commissioner of Social Security
- Edgardo Ramos
- 1:22-cv-10270
- U.S. District Court · Southern District of New York
- 1
In Guzman v. Commissioner of Social Security, Magistrate Judge Netburn ordered the Commissioner to respond to Guzman’s request for attorney’s fees.
Victor M. Guzman and the Commissioner of Social Security; the Commissioner was required to respond to Guzman’s attorney-fee motion.
What happened
Victor M. Guzman sued the Commissioner of Social Security under a federal law allowing court review of benefit denials. The parties later agreed to send the matter back to the Commissioner for further review.
Guzman then asked for attorney’s fees under the Equal Access to Justice Act. The opinion does not decide whether he should receive fees or how much.
Magistrate Judge Sarah Netburn ordered the Commissioner to respond by December 8, 2023, including whether the requested fees would be an improper windfall.
The detailed version
- Guzman v. Commissioner of Social Security · No. 1:22-cv-10270
- Edgardo Ramos
- Nov. 22, 2023
Background
Victor M. Guzman filed the action under 42 U.S.C. § 405(g), seeking judicial review of a denial of Social Security benefits. The court approved a stipulation and agreement by the parties remanding the matter to the Commissioner of Social Security for further review.
On November 20, 2023, Guzman moved for attorney’s fees under the Equal Access to Justice Act, a federal statute that can authorize fee awards in qualifying cases.
Order
Because of the Commissioner’s role and expertise in Social Security matters, the court ordered the Commissioner to respond to Guzman’s fee motion by December 8, 2023. The court specifically directed the Commissioner to address whether the requested fees would amount to an impermissible windfall, citing Diberardino v. Commissioner of Social Security, No. 17-cv-02868 (PKC), 2020 WL 6746828 (E.D.N.Y. Nov. 17, 2020).
The opinion does not state that the court granted or denied the fee motion. It only orders a response.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.