Vessia v. Colvin

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------x ADELE J. VESSIA,

Plaintiff,

-against- MEMORANDUM AND ORDER Case No. 16-CV-2865-FB KILOLO KIJAKAZI, Commissioner of Social Security,

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

Appearances: For the Plaintiff: For the Defendant: CHARLES E. BINDER MARY M. DICKMAN 485 Madison Avenue, Suite 501 Assistant United States Attorney New York, New York 10022 Eastern District of New York 610 Federal Plaza Central Islip, New York 11722

BLOCK, Senior District Judge:

The Court previously awarded plaintiff’s counsel $17,985 in attorneys’ fees, finding that a higher award would constitute a windfall. Plaintiff appealed. While the appealed 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 $30,427.38 currently withheld from plaintiff’s past benefits. Upon receipt, plaintiff’s counsel shall remit to plaintiff the $4,387.72 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 November 14, 2022