Binder & Binder, P.C. v. Astrue

Binder & Binder, P.C. v. Astrue

Plaintiff:	Binder & Binder, P.C.
Defendant:	Michael J. Astrue
Case Number:	2:2011cv00467
Filed:	January 31, 2011
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Sandra J. Feuerstein
Nature of Suit:	Social Security: SSID Tit. XVI
Cause of Action:	28 U.S.C. § 1331 Fed. Question
Jury Demanded By:	None

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Date Filed	Document Text
January 25, 2012	Filing 20 ORDER denying 10 Motion for Summary Judgment; granting in part and denying in part 13 Motion for Summary Judgment. SO ORDERED that so much of plaintiffs motion as seeks summary judgment on its claim seeking, in essence, to compel deft to comply with its statutory duty under 42 U.S.C. § 406(a)(4) to, inter alia, pay the full amount of its certified attorney's fee is granted and deft is directed to comply with its statutory duties: (a) to pay to plaintiff the amount of two thousand dollars ($2,000.00), i.e., the difference between the amount of fees deft certified to be reasonable under 42 U.S.C. § 406(a) and the amount of fees it previously paid to plaintiff, and (b) to seek to recoup its overpayment of past-due ben efits to Landwirth from Landwirth pursuant to 42 U.S.C. § 404(a) or waive such recoupment pursuant to 42 U.S.C. § 404(b), and plaintiffs motion is otherwise denied. Deft's cross motion for summary judgment dismissing the complaint is d enied. The Clerk of the Court is directed: (1) to enter judgment compelling defendant to comply with its statutory duties pursuant to 42 U.S.C. §§ 406(a)(4) and 404, respectively, by: (a) paying plaintiff its outstanding certified legal fee in the amount of two thousand dollars ($2,000.00) and (b) seeking to recoup its overpayment of past-due benefits from Landwirth pursuant to 42 U.S.C. § 404(a), or waiving such recoupment under 42 U.S.C. § 404(b); and (2) to close this case. Ordered by Judge Sandra J. Feuerstein on 1/25/2012. (Florio, Lisa)

Date Filed

Document Text

January 25, 2012

Filing 20 ORDER denying 10 Motion for Summary Judgment; granting in part and denying in part 13 Motion for Summary Judgment. SO ORDERED that so much of plaintiffs motion as seeks summary judgment on its claim seeking, in essence, to compel deft to comply with its statutory duty under 42 U.S.C. § 406(a)(4) to, inter alia, pay the full amount of its certified attorney's fee is granted and deft is directed to comply with its statutory duties: (a) to pay to plaintiff the amount of two thousand dollars ($2,000.00), i.e., the difference between the amount of fees deft certified to be reasonable under 42 U.S.C. § 406(a) and the amount of fees it previously paid to plaintiff, and (b) to seek to recoup its overpayment of past-due ben efits to Landwirth from Landwirth pursuant to 42 U.S.C. § 404(a) or waive such recoupment pursuant to 42 U.S.C. § 404(b), and plaintiffs motion is otherwise denied. Deft's cross motion for summary judgment dismissing the complaint is d enied. The Clerk of the Court is directed: (1) to enter judgment compelling defendant to comply with its statutory duties pursuant to 42 U.S.C. §§ 406(a)(4) and 404, respectively, by: (a) paying plaintiff its outstanding certified legal fee in the amount of two thousand dollars ($2,000.00) and (b) seeking to recoup its overpayment of past-due benefits from Landwirth pursuant to 42 U.S.C. § 404(a), or waiving such recoupment under 42 U.S.C. § 404(b); and (2) to close this case. Ordered by Judge Sandra J. Feuerstein on 1/25/2012. (Florio, Lisa)

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Defendant: Michael J. Astrue
Represented By:	Vincent Lipari
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Plaintiff: Binder & Binder, P.C.
Represented By:	Jeffrey Herzberg
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