wen K v. Commissioner of Social Security
wen K v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wen K Felix T. Camacho Plaintiff, Civil No.: 1:22-cv-03854-JMF-JLC - against - Commissioner of Social Security, Defendant. wen K
ORDER
The Court, having considered Plaintiffs Motion for Fees pursuant to
42 U.S.C. § 406(b)(1) and all the supporting documents annexed thereto, IT IS ORDERED that attorney fees in the net amount of $20,072.50, which represents 25% of Plaintiff's retroactive benefits be GRANTED.
Entered: November 3, 2025 JO LA YH Honorable J else MW Furman Unitéd States District Judge
By stipulation and order, Plaintiff's counsel was also awarded fees pursuant to the Equal Access to Justice Act, 2 § 2412 in the amount of $7,461.56. ECF No. 31. When an attorney receives fees under both the Equal to Justice Act (EAJA),
28 U.S.C. § 2412, and
42 U.S.C. § 406(b), the attorney must refund the smaller fe to the claimant. Gisbrecht v. Barnhart,
535 U.S. 789, 796(2002). Accordingly, the Court directs counsel to re1mburse fees previously received under the EAJA to Plaintiff. Clerk of Court is directed to terminate ECF No. 32.
Reference
- Status
- Unknown