Marden v. Commissioner of Social Security
This text of Marden v. Commissioner of Social Security (Marden v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT MEMORANDUM ENDORSED SOUTHERN DISTRICT OF NEW YORK JOSEPH MARDEN, Plaintiff, v. 1:22-CV-10735-GWG NOTICE OF MOTION FOR ATTORNEY’S FEES PURSUANT TO SOCIAL SECURITY ACT § 206(b)(1) COMMISSIONER OF SOCIAL SECURITY, Defendant. PLEASE TAKE NOTICE that Plaintiff, Joseph Marden, by his attorney, will move and hereby does move this Court for Attorney’s Fees pursuant to Social Security Act § 206(b)(1) and 42 U.S.C. § 406(b)(1) and for such other and further relief as this Court may deem just and proper. This motion is based upon all pleadings filed to date and is supported by Plaintiff’s Petition for Attorney’s Fees pursuant to Social Security Act § 206(b)(1) and 42 U.S.C. § 406(b)(1) and attached Exhibits filed with this Court on June 12, 2024. PLEASE TAKE FURTHER NOTICE that this motion shall be considered submitted to the Hon. Gabriel W. Gorenstein, United States Magistrate Judge for the United States District Court for the Southern District of New York, on a date to be established by the court. Executed this June 12, 2024. Respectfully submitted, /s/Howard D. Olinsky, Esq. Howard D. Olinsky, Esq. Attorney for Plaintiff Olinsky Law Group 250 S. Clinton St., Ste. 210 Syracuse, New York 13202 Phone: (315) 701-5780 Facsimile: 315-701-5781 Email: holinsky@windisability.com NY Bar 2044865
Application granted. The Court has considered the factors enumerated in Gisbrecht v. Barnhart, 535 U.S. 789 (2002), and grants the application for reasons similar to those stated in Blizzard v. Astrue, 496 F. Supp. 2d 320 (S.D.N.Y. 2007). Plaintiffs counsel Howard Olinsky is awarded $8,472.00 pursuant to 42 U.S.C. sec 406(b). This amount is to be paid from the claimant’s past-due benefits. Plaintiff’s counsel is directed to reimburse plaintiff for fees previously received under the Equal Access to Justice Act. So Ordered. Ud. \ores lex. Geledur eect United States Magistrate Judge June 25, 2024
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Marden v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marden-v-commissioner-of-social-security-nysd-2024.