Jacobson v. Astrue
| Gary A. Jacobson |
| Michael J. Astrue |
| 7:2012cv08416 |
| November 16, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Putnam |
| Cathy Seibel |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
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Filing
42
ORDER granting 29 Motion for Attorney Fees. Accordingly, for the reasons stated above: 1) counsels request for a fee of $20,000 under § 406(b) is approved; 2) counsel is ordered to, no later than July 3, 2020, refund to Plaintiff the & #036;6,869.38 EAJA award, together with interest for the period August 16, 2019 (14 days after the decision in Sinkler) through January 30, 2020 (the date of the § 406(b) application), paid at the statutory rate set forth in 28 U.S.C. § 19 61; and 3) counsel shall advise this Court by declaration, no later than July 3, 2020, as to what steps he and his firm have taken so that they will promptly be informed of developments in the law in their area of specialization which the Court imagines would include subscribing to a newsletter or listserv, joining a professional organization, and/or attending frequent continuing legal education programs. SO ORDERED. (Signed by Judge Cathy Seibel on 6/19/2020) (mml)
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Filing
40
ORDER: If January 26, 2020 was when Plaintiff was informed of the outcome of his § 406(a) application, I would be inclined, under my equitable powers, to enlarge the time and award the requested fee. See Marciniak v. Commissioner of Social Secu rity, No. 13-CV-2955, 2019 WL 3886410, at *2 (W.D.N.Y. Aug. 19, 2019). In that situation (although counsel should have made the application within 14 days of the decision in Sinkler to be safe) he would at least have provided "a factual basis t o support a claim that it was 'reasonable' to delay the filing of [his] § 406(b) application," Sinkler, 932 F.3d at 90 namely, that he was awaiting the outcome of his § 406(a) application. But Plaintiff's counsel appare ntly knew of the outcome of the § 406(a) application sometime in 2019, which is obviously before January 26, 2020. I therefore need to know how much before, in order to determine whether the period of delay between the notification of the § 406(a) outcome and the making of the § 406(b) motion was reasonable. Plaintiff's counsel is therefore directed to provide a declaration (attaching relevant documents) explaining when Plaintiff was informed of the outcome of his § 406( a) application and, if he wishes, what accounts for any delay between that date and the making of the § 406(b) application. The declaration shall be submitted no later than June 18, 2020. If no declaration is submitted, the motion will be denied. SO ORDERED. (Signed by Judge Cathy Seibel on 6/3/2020) (mml)
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Filing
34
ORDER: Accordingly, the Court hereby orders that Defendant shall file papers in opposition to the motion for attorneys' fees by no later than April 20, 2020. Plaintiff's reply, if any, shall be filed by no later than April 27, 2020. Should Defendant fail to oppose the motion, the Court may recommend that the motion be granted by default. (Set Deadlines/Hearing as to 29 MOTION for Attorney Fees Pursuant to 42 U.S.C. 406(b): Responses due by 4/20/2020, Replies due by 4/27/2020.) (Signed by Magistrate Judge Lisa Margaret Smith on 4/6/2020) (jwh)
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Filing
23
OPINION AND ORDER: For the foregoing reasons, ALJ Katz's decision is VACATED, and the case is REMANDED to the Commissioner for further proceedings consistent with this opinion. The Clerk of Court is respectfully directed to terminate the pending Motions, (Docs. 11 and 19), and close the case. SO ORDERED. (Signed by Judge Cathy Seibel on 1/2/2014) (lnl)
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| Plaintiff: Gary A. Jacobson | |
| Represented By: | Philip Howard Seelig |
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| Defendant: Michael J. Astrue | |
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