Fabiani v. Saul
- Lewis Liman
- 1:21-cv-05453
- U.S. District Court · Southern District of New York
- 3
In Fabiani v. Saul, Judge Liman granted Fabiani’s fee motion, awarded counsel $51,257 from withheld benefits, and ordered repayment of $7,500 in prior fees.
Anthony Fabiani, his counsel, and the Social Security Administration were affected. The order authorized payment of $51,257 to Fabiani’s counsel from withheld past-due benefits and required counsel to pay Fabiani $7,500 previously received under the Equal Access to Justice Act.
What happened
In Fabiani v. Saul, Anthony Fabiani sought review of the Social Security Administration’s denial of disability benefits. The case was sent back to the agency, which later found him disabled and entitled to benefits. The agency withheld $51,257 from his past-due benefits to pay his lawyer.
Fabiani asked the court to approve that $51,257 payment under the law governing fees for lawyers who represent Social Security claimants. His lawyer had previously received $7,500 under a separate law that allows fees when the government’s position was not reasonably justified. A magistrate judge recommended granting the request, and no party objected.
Judge Lewis J. Liman adopted the recommendation, granted Fabiani’s fee motion, and awarded his lawyer $51,257 from the withheld benefits. The court also ordered the lawyer to pay Fabiani the $7,500 previously received once the $51,257 fee was paid, and directed the clerk to close the case.
The detailed version
- Fabiani v. Saul · No. 1:21-cv-05453
- Lewis Liman
- Dec. 11, 2023
Background
Anthony Fabiani filed the action seeking review of the Social Security Administration’s denial of disability benefits. The parties later agreed to send the matter back to the agency for further proceedings under 42 U.S.C. § 405(g). They also stipulated that the agency would pay $7,500 in attorney’s fees under the Equal Access to Justice Act, a federal law permitting certain fee awards against the government.
After the remand, an Administrative Law Judge found Fabiani disabled and entitled to benefits. Under his agreement with his lawyer, Fabiani agreed to pay 25% of his past-due benefits as attorney’s fees. The agency’s September 23, 2023 notice stated that Fabiani was owed $205,028 in past-due benefits and that $51,257—25% of that amount—had been withheld to pay his counsel.
Fee Motion and Recommendation
Fabiani moved for an attorney’s-fee award of $51,257 under 42 U.S.C. § 406(b)(1). The government did not oppose or support the motion. The matter was referred to Magistrate Judge James L. Cott, who recommended granting the motion and directing the agency to pay counsel $51,257 from the withheld benefits. The recommendation also stated that counsel should pay Fabiani the $7,500 previously received under the Equal Access to Justice Act. No objections were filed.
Ruling
Because no objections were filed, Judge Lewis J. Liman reviewed the recommendation for clear error. Finding none, the court adopted the recommendation in its entirety, granted Fabiani’s motion for attorney’s fees, and awarded his counsel $51,257 from the amount withheld from Fabiani’s past-due benefits. The court further ordered counsel to pay Fabiani the $7,500 received under the Equal Access to Justice Act upon receiving the $51,257 award. The clerk was directed to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.