Caceres v. Commissioner of Social Security
- Katharine Parker
- 1:18-cv-06790-KHP
- U.S. District Court · Southern District of New York
- 1
In Caceres v. Commissioner of Social Security, Judge Parker extended the deadline for the Commissioner’s position on counsel’s fee request.
The order affects Plaintiff’s counsel, who filed the fee request, and the Commissioner of Social Security, whose deadline to state a position was extended to January 24, 2024. It does not decide the fee request itself.
What happened
In Caceres v. Commissioner of Social Security, the plaintiff’s counsel asked for attorney’s fees under a federal law governing fees paid from a claimant’s past-due benefits. Counsel filed the request and supporting documents on November 27, 2023.
The court had directed the Commissioner to state its position by December 20, 2023. The Commissioner did not file the required letter by that deadline.
Judge Katharine H. Parker extended the deadline to January 24, 2024. The order did not decide whether to award fees or determine their amount.
The detailed version
- Caceres v. Commissioner of Social Security · No. 1:18-cv-06790-KHP
- Katharine Parker
- Jan. 4, 2024
Background
On November 27, 2023, counsel for Plaintiff filed a motion for attorney’s fees under 42 U.S.C. § 406(b), along with supporting documentation. Section 406(b) governs certain attorney-fee awards payable from a claimant’s past-due benefits. The order also noted that these fees differ from fees under the Equal Access to Justice Act, which are paid by the government.
Prior deadline
On November 29, 2023, the Court directed the Commissioner of Social Security to file a letter stating its position on the fee request by December 20, 2023. The Commissioner did not file that letter by the deadline. The order explained that the Commissioner may state that it takes no position on the request.
Ruling
The Court extended the deadline for the Commissioner’s letter to Wednesday, January 24, 2024. Judge Katharine H. Parker did not rule on whether the requested fees should be awarded or on the amount of any fee award. The order addressed only the deadline for the Commissioner’s response.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.