Balz v. Saul

Background

Gregory Balz brought this action under 42 U.S.C. § 405(g) seeking review of the Commissioner of Social Security’s decision denying his application for Social Security Disability benefits. The administrative law judge found that Balz was not disabled. After the parties filed competing motions for judgment on the pleadings, Judge Paul E. Davison adopted a magistrate judge’s recommendation, reversed the administrative law judge’s decision, and sent the case back for further proceedings. The court also awarded $11,200 in attorney’s fees under the Equal Access to Justice Act, a federal law allowing certain fee awards against the government.

On remand, the Commissioner approved Balz for benefits and reported that his past-due benefits totaled $152,114. The Commissioner withheld $38,028.50, or 25 percent of that amount, for attorney’s fees. Balz’s counsel filed a motion under 42 U.S.C. § 406(b) seeking the withheld funds. Magistrate Judge Victoria Reznik recommended granting the motion and directing counsel to refund the previously awarded $11,200 in Equal Access to Justice Act fees directly to Balz. The government filed no objections.

Court’s Ruling

Judge Kenneth M. Karas reviewed the recommendation for clear error because no objections were filed. Finding no substantive error, the court adopted the recommendation in its entirety and granted Balz’s motion. The court directed Balz’s counsel to refund the previously awarded $11,200 in Equal Access to Justice Act fees directly to Balz and directed the clerk to close the case.

Disposition

The fee motion was granted. The recommendation was adopted in full, the $11,200 refund was ordered, and the case was closed.