Morales v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------x LEONARDO MORALES,

Plaintiff,

-against- MEMORANDUM AND ORDER Case No. 18-CV-6906-FB COMMISSIONER OF SOCIAL SECURITY,

Defendant. ------------------------------------------------x

Appearances: For the Plaintiff: For the Defendant: EDDY PIERRE PIERRE ARTHUR SWERDLOFF Pierre Pierre Law, P.C. Assistant United States Attorney 211 East 43rd Street, Suite 608 Eastern District of New York New York, New York 10017 271 Cadman Plaza East Brooklyn, New York 11201

BLOCK, Senior District Judge:

The Court previously awarded plaintiff’s counsel $21,741.50 in attorneys’ fees, finding that a higher award would constitute a windfall. Plaintiff appealed. While the appeal was pending, the Second Circuit decided Fields v. Kijakazi, 24 F.4th 845 (2d Cir. 2022), which held that a high effective hourly rate, standing alone, does not constitute a windfall. See id. at 854. The parties stipulated to a remand for reconsideration in light of Fields. Having considered the appropriate factors—(1) the ability and expertise of the attorney(s); (2) the nature and length of the relationship counsel had with the claimant; (3) the claimant’s satisfaction with the services provided by counsel; and

(4) the uncertainty of an award of benefits, see id. at 854-856—without regard to the resulting effective hourly rate, the Court finds that an award of 25% of plaintiff’s past benefits would not constitute a windfall.

Accordingly, the Commissioner is ordered to disburse to plaintiff’s counsel the $35,829.25 currently withheld from plaintiff’s past benefits. Upon receipt, plaintiff’s counsel shall remit to plaintiff the $7,902.12 previously awarded pursuant to the Equal Access to Justice Act.

SO ORDERED.

_/S/ Frederic Block______ FREDERIC BLOCK Senior United States District Judge Brooklyn, New York February 3, 2023