wen K v. Commissioner of Social Security

S.D. New York

wen K v. Commissioner of Social Security

District Court, S.D. New York·Decided November 3, 2025·No. 1:22-cv-03854·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wen K Felix T. Camacho Plaintiff, Civil No.: 1:22-cv-03854-JMF-JLC - against - Commissioner of Social Security, Defendant. wen K

ORDER

The Court, having considered Plaintiffs Motion for Fees pursuant to 42 U.S.C. § 406(b)(1) and all the supporting documents annexed thereto, IT IS ORDERED that attorney fees in the net amount of $20,072.50, which represents 25% of Plaintiff's retroactive benefits be GRANTED.

Entered: November 3, 2025 JO LA YH Honorable J else MW Furman Unitéd States District Judge

By stipulation and order, Plaintiff's counsel was also awarded fees pursuant to the Equal Access to Justice Act, 2 § 2412 in the amount of $7,461.56. ECF No. 31. When an attorney receives fees under both the Equal to Justice Act (EAJA), 28 U.S.C. § 2412, and 42 U.S.C. § 406(b), the attorney must refund the smaller fe to the claimant. Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Accordingly, the Court directs counsel to re1mburse fees previously received under the EAJA to Plaintiff. Clerk of Court is directed to terminate ECF No. 32.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wen K Felix T. Camacho Plaintiff, Civil No.: 1:22-cv-03854-JMF-JLC - against - Commissioner of Social Security, Defendant. wen K

ORDER

The Court, having considered Plaintiffs Motion for Fees pursuant to 42 U.S.C. § 406(b)(1) and all the supporting documents annexed thereto, IT IS ORDERED that attorney fees in the net amount of $20,072.50, which represents 25% of Plaintiff's retroactive benefits be GRANTED.

Entered: November 3, 2025 JO LA YH Honorable J else MW Furman Unitéd States District Judge

By stipulation and order, Plaintiff's counsel was also awarded fees pursuant to the Equal Access to Justice Act, 2 § 2412 in the amount of $7,461.56. ECF No. 31. When an attorney receives fees under both the Equal to Justice Act (EAJA), 28 U.S.C. § 2412, and 42 U.S.C. § 406(b), the attorney must refund the smaller fe to the claimant. Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Accordingly, the Court directs counsel to re1mburse fees previously received under the EAJA to Plaintiff. Clerk of Court is directed to terminate ECF No. 32.

wen K v. Commissioner of Social Security, (S.D.N.Y. 2025).

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