Caceres v. Commissioner of Social Security

Opinion

USL SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILEI SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 1/4/2024 ANTONIO M. REYES CACERES, : Plaintiff, : : ORDER -against- : 18-CV-6790 (KHP) COMMISSIONER OF SOCIAL SECURITY, : Defendant. : □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ +--+ +--+ +--+ -----X KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE: On Monday, November 27, 2023, counsel for Plaintiff filed a Motion for Attorneys’ Fees pursuant to 42 U.S.C § 406(b), along with supporting documentation. On November 29, 2023, the Court directed Defendant to file a letter stating its position on Plaintiff's request by December 20, 2023.1 Defendant has not filed a letter stating its position. Accordingly, the deadline for Defendant to submit the letter is extended to Wednesday, January 24, 2024. If Defendant takes no position on the fee request, Defendant’s letter should state that Defendant takes no position on the request. SO ORDERED. Dated: January 4, 2024 Awd H ker New York, New York KATHARINE H. PARKER United States Magistrate Judge

1 Unlike attorney’s fees awarded pursuant to the Equal Access to Justice Act, which are paid by the Government, fees awarded pursuant to § 406(b) are payable from the claimant’s past due benefits, and accordingly, Defendant has no direct financial stake in the outcome of this fee application. That said, Defendant may “play[] a part in the fee determination resembling that of a trustee for the claimants.” Gisbrecht v. Barnhart, 535 U.S. 789, 798 n.6. (2002).