Padilla v. Colvin

Padilla v. Colvin

Plaintiff:	Bernaldino Padilla
Defendant:	Carolyn W. Colvin
Case Number:	7:2015cv09312
Filed:	November 25, 2015
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
County:	Orange
Presiding Judge:	Vincent L. Briccetti
Presiding Judge:	Lisa Margaret Smith
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
December 28, 2020	Filing 40 ORDER granting 37 Motion for Attorney Fees. For the following reasons, the motion is GRANTED. In a retainer agreement dated October 23, 2015, plaintiff agreed that his attorney, Philip H. Seelig, Esq., would be entitled to a contingency fee equal to 25% of all retroactive or past due social security benefits awarded to him and any auxiliary beneficiaries, to be paid from such past due benefits upon an administrative finding favorable to plaintiff following a district court remand. Pla intiff did obtain a favorable administrative finding after remand to the Social Security Administration from this Court. This Court previously approved an award of attorney's fees in the amount of $7,500.00 plus $400.00 in costs, und er the Equal Access to Justice Act ("EAJA"), paid by the agency. The requested award of $16,173.30 is within the statutory maximum of 25% of past due benefits awarded. Moreover, given the amount of time and effort counsel expended in this Court in his successful appeal of an earlier denial of benefits, as well as the fact that the requested fee reflects the contingent nature of the recovery, the Court finds that the fee request is reasonable. See Gisbrecht v. Barnhart, 535 U .S. 789, 804-08 (2002). The Court awards attorney's fees in the amount of $16,173.30 to be paid from funds withheld from the past due benefits awarded to plaintiff by the Social Security Administration. Accordingly, plaintiff's counsel is directed to remit to plaintiff the previous EAJA award of $7,500.00. The Clerk is instructed to terminate the motion. (Doc. #37). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/28/2020) (mml)
July 26, 2018	Filing 31 MEMORANDUM OPINION AND ORDER for 30 Report and Recommendation. The R&R is adopted as the opinion of the Court. Defendant's motion for judgment on the pleadings is DENIED. (Doc. #19). Plaintiff's motion for judgment on the pleadings is GRANTED. (Doc. #23). The case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the R&R, pursuant to 42 U.S.C. § 405(g), sentence four. The Clerk is instructed to enter Judgment accordingly and close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/26/2018) (mml)

Date Filed

Document Text

December 28, 2020

Filing 40 ORDER granting 37 Motion for Attorney Fees. For the following reasons, the motion is GRANTED. In a retainer agreement dated October 23, 2015, plaintiff agreed that his attorney, Philip H. Seelig, Esq., would be entitled to a contingency fee equal to 25% of all retroactive or past due social security benefits awarded to him and any auxiliary beneficiaries, to be paid from such past due benefits upon an administrative finding favorable to plaintiff following a district court remand. Pla intiff did obtain a favorable administrative finding after remand to the Social Security Administration from this Court. This Court previously approved an award of attorney's fees in the amount of $7,500.00 plus $400.00 in costs, und er the Equal Access to Justice Act ("EAJA"), paid by the agency. The requested award of $16,173.30 is within the statutory maximum of 25% of past due benefits awarded. Moreover, given the amount of time and effort counsel expended in this Court in his successful appeal of an earlier denial of benefits, as well as the fact that the requested fee reflects the contingent nature of the recovery, the Court finds that the fee request is reasonable. See Gisbrecht v. Barnhart, 535 U .S. 789, 804-08 (2002). The Court awards attorney's fees in the amount of $16,173.30 to be paid from funds withheld from the past due benefits awarded to plaintiff by the Social Security Administration. Accordingly, plaintiff's counsel is directed to remit to plaintiff the previous EAJA award of $7,500.00. The Clerk is instructed to terminate the motion. (Doc. #37). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 12/28/2020) (mml)

July 26, 2018

Filing 31 MEMORANDUM OPINION AND ORDER for 30 Report and Recommendation. The R&R is adopted as the opinion of the Court. Defendant's motion for judgment on the pleadings is DENIED. (Doc. #19). Plaintiff's motion for judgment on the pleadings is GRANTED. (Doc. #23). The case is REMANDED to the Social Security Administration for further administrative proceedings consistent with the R&R, pursuant to 42 U.S.C. § 405(g), sentence four. The Clerk is instructed to enter Judgment accordingly and close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/26/2018) (mml)

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Plaintiff: Bernaldino Padilla
Represented By:	Philip Howard Seelig
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Defendant: Carolyn W. Colvin
Represented By:	John E. Gura, Jr
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