Santiago Ortiz v. Commissioner of Social Security

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

Santiago Ortiz v. Commissioner of Social Security

Case Number:	1:2019cv00538
Filed:	September 29, 2020
Court:	US District Court for the Western District of New York
Office:	Buffalo Office
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (DIWC)

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Date Filed	Document Text
January 17, 2023	Filing 26 DECISION & ORDER Frederick's motion for attorneys' fees pursuant to 42 U.S.C. § 406(b) 20 is granted. The Commissioner is directed to promptly pay Frederick $ 33,567.38 from the funds withheld from plaintiff's past due ben efits. Upon receipt of the fee award, Frederick is directed to remit to plaintiff the $8,500.00 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 1/17/2023. (KAH)
September 29, 2020	Filing 16 DECISION & ORDER The Commissioner's motion for judgment on the pleadings 11 is denied, and Santiago Ortiz's motion for judgment on the pleadings 10 is granted to the extent that the Commissioner's decision is reversed, and this cas e 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 9/29/2020. (KAH)-CLERK TO FOLLOW UP-

Date Filed

Document Text

January 17, 2023

Filing 26 DECISION & ORDER Frederick's motion for attorneys' fees pursuant to 42 U.S.C. § 406(b) 20 is granted. The Commissioner is directed to promptly pay Frederick $ 33,567.38 from the funds withheld from plaintiff's past due ben efits. Upon receipt of the fee award, Frederick is directed to remit to plaintiff the $8,500.00 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 1/17/2023. (KAH)

September 29, 2020

Filing 16 DECISION & ORDER The Commissioner's motion for judgment on the pleadings 11 is denied, and Santiago Ortiz's motion for judgment on the pleadings 10 is granted to the extent that the Commissioner's decision is reversed, and this cas e 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 9/29/2020. (KAH)-CLERK TO FOLLOW UP-

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