Opinion
13-CV-02243 (FB)
02-07-2017
ROSA A. GUZMAN, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
Appearances: For the Plaintiff: CHARLES E. BINDER Law Offices of Harry J. Binder & Charles E. Binder, P.C. 60 East 42nd Street, Suite 520 New York, New York 10165 For the Defendant: ROBERT L. CAPERS United States Attorney Eastern District of New York 271 Cadman Plaza East Brooklyn, New York 11201 By: KAREN T. CALLAHAN Special Assistant United States Attorney
MEMORANDUM & ORDER Appearances:
For the Plaintiff:
CHARLES E. BINDER
Law Offices of Harry J. Binder
& Charles E. Binder, P.C.
60 East 42nd Street, Suite 520
New York, New York 10165 For the Defendant:
ROBERT L. CAPERS
United States Attorney
Eastern District of New York
271 Cadman Plaza East
Brooklyn, New York 11201 By: KAREN T. CALLAHAN
Special Assistant United States Attorney BLOCK, Senior District Judge :
Having independently determined the following-that the plaintiff's contingent-fee arrangement has yielded a reasonable result in this particular case, as required by 42 U.S.C. § 406(b)(1), and that it is not tainted by fraud or overreaching or awards an improper windfall to plaintiff's counsel, see Wells v. Sullivan, 907 F.2d 367, 372 (2d Cir. 1990) (requiring courts to consider these factors when weighing the validity of such arrangements)-and with the Commissioner's recommendation, plaintiff's petition for attorney fees in the amount of $17,852 is GRANTED. Upon receipt of this sum, in accordance with his representations to the Court, plaintiff's counsel is to remit $6,164.05 that he received under the Equal Access to Justice Act to plaintiff.
SO ORDERED
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge Brooklyn, New York
February 7, 2017