Legal Opinion

Abate v. Commissioner of Social Security

District Court, E.D. New York

Decided September 23, 2025No. 2:21-cv-00344Unknown

1Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK MEGAN K. ABATE Plaintiff, MEMORANDUM & ORDER 2:21-cv-344-LDH-ST -against- COMMISSIONER OF SOCIAL SECURITY, Defendant. TISCIONE, United States Magistrate Judge: Plaintiff, Megan K. Abate (“Abate”) won an award of $123,680.00 in past due benefits from the Commissioner of Social Security (“Commissioner”). On October 27, 2022, Plaintiff was awarded $6,039.37 in attorney’s fees under the Equal Access to Justice Act (“EAJA”). Plaintiff’s Counsel now moves for fees pursuant to 42 U.S.C. § 406(b) of the Social Security Act (“Act”). The Motion…

2Cases cited3 opinions

  1. Gisbrecht v. BarnhartSupreme Court of the United States · 2002
  2. Dale Wells, William Hlywa v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, Appeal of John S. HoggCourt of Appeals for the Second Circuit · 1990
  3. Binder & Binder, P.C. v. ColvinCourt of Appeals for the Second Circuit · 2016

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