Enrique C. Cabrera v. Commissioner of the Social Security Administration

Summary

The United States District Court for the Eastern District of New York adopted a magistrate judge’s Report and Recommendation awarding plaintiff’s counsel $19,305.00 in attorney’s fees under 42 U.S.C. § 406(b). The court also directed counsel to reimburse the plaintiff for any fees received under the Equal Access to Justice Act.

Holdings

1. When no timely objections are filed to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error on the face of the record; finding no error, the court may adopt the recommendation in its entirety.
2. Plaintiff's counsel is awarded $19,305.00 in attorney's fees pursuant to 42 U.S.C. § 406(b).

Questions Presented

1. Whether the magistrate judge's recommendation to award plaintiff's counsel $19,305.00 in attorney's fees under 42 U.S.C. § 406(b) should be adopted after clear-error review.
2. Whether plaintiff's counsel should reimburse the plaintiff for any fees received under the Equal Access to Justice Act.

Disposition

other