Hartel v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Western District Hartel v. Commissioner of Social Security

Hartel v. Commissioner of Social Security

Plaintiff:	Patti Hartel
Defendant:	Commissioner of Social Security
Case Number:	1:2018cv00341
Filed:	March 15, 2018
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
County:	Erie
Presiding Judge:	Lawrence J. Vilardo
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
January 13, 2023	Filing 35 DECISION & ORDER Hiller's motion for attorneys' fees pursuant to 42 U.S.C. § 406(b) 27 is granted. The Commissioner is directed to promptly pay Hiller $ 26,238 from the funds withheld from plaintiff's past due benefits. Upon receipt of the fee award, Hiller is directed to remit to plaintiff the $ 6,900.25 awarded pursuant to the EAJA. See Gisbrecht, 535 U.S. at 796 ("[f]ee awards may be made under both [the EAJA and Section 406(b)], but the claimant's attorney must refund to the claimant the amount of the smaller fee") (alterations and quotations omitted). Signed by Hon. Marian W. Payson on 1/13/2023. (KAH)
September 6, 2019	Filing 22 DECISION & ORDER The Commissioner's motion for judgment on the pleadings 17 is denied, and Hartel's motion for judgment on the pleadings 10 is granted to the extent that the Commissioner's decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g), sentence four, for further administrative proceedings consistent with this decision. Signed by Hon. Marian W. Payson on 9/6/2019. (KAH)-CLERK TO FOLLOW UP-

Date Filed

Document Text

January 13, 2023

Filing 35 DECISION & ORDER Hiller's motion for attorneys' fees pursuant to 42 U.S.C. § 406(b) 27 is granted. The Commissioner is directed to promptly pay Hiller $ 26,238 from the funds withheld from plaintiff's past due benefits. Upon receipt of the fee award, Hiller is directed to remit to plaintiff the $ 6,900.25 awarded pursuant to the EAJA. See Gisbrecht, 535 U.S. at 796 ("[f]ee awards may be made under both [the EAJA and Section 406(b)], but the claimant's attorney must refund to the claimant the amount of the smaller fee") (alterations and quotations omitted). Signed by Hon. Marian W. Payson on 1/13/2023. (KAH)

September 6, 2019

Filing 22 DECISION & ORDER The Commissioner's motion for judgment on the pleadings 17 is denied, and Hartel's motion for judgment on the pleadings 10 is granted to the extent that the Commissioner's decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g), sentence four, for further administrative proceedings consistent with this decision. Signed by Hon. Marian W. Payson on 9/6/2019. (KAH)-CLERK TO FOLLOW UP-

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Plaintiff: Patti Hartel
Represented By:	Kenneth R. Hiller
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Defendant: Commissioner of Social Security
Represented By:	Haseeb Fatmi
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