Anderson v. Saul
- Ronnie Abrams
- 1:21-cv-01952
- U.S. District Court · Southern District of New York
- 1
In Anderson v. Saul, Judge Netburn ordered the Commissioner to respond to Denise Anderson’s Social Security attorney-fee motion without deciding it.
Denise Anderson’s request for attorney’s fees and the Commissioner of Social Security, which was ordered to respond to that request.
What happened
In Anderson v. Saul, Denise Anderson asked the court to review the denial of her Social Security benefits. The parties later agreed to send the matter back to the Social Security Commissioner for further review, and Judge Ronnie Abrams approved that agreement.
On January 4, 2024, Anderson moved for an award of attorney’s fees under federal law. The opinion does not state the amount requested or decide whether she was entitled to fees.
Magistrate Judge Sarah Netburn ordered the Commissioner to respond by January 19, 2024, including addressing whether the requested fees would be an improper windfall. The order therefore directs a response but does not grant or deny the fee motion.
The detailed version
- Anderson v. Saul · No. 1:21-cv-01952
- Ronnie Abrams
- Jan. 8, 2024
Background
Denise Anderson filed the action on March 5, 2021, under 42 U.S.C. § 405(g), seeking judicial review of a denial of Social Security benefits. On November 30, 2021, Judge Ronnie Abrams approved the parties’ agreement to remand the matter to the Commissioner of Social Security for further review.
Fee Motion
On January 4, 2024, Anderson filed a motion seeking attorney’s fees under 42 U.S.C. § 406(b)(1)(A). The opinion does not state the amount requested.
Order
Because of the Commissioner’s role and expertise in Social Security matters, Magistrate Judge Sarah Netburn ordered the Commissioner to respond to the fee motion by January 19, 2024. The response must address whether the requested fees would amount to an impermissible windfall. The order did not grant or deny the fee motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.