Bass v. Kijakazi

Tammy L. Bass, Plaintiff v. Kilolo Kijakazi,¹ Acting Commissioner of Social Security, Defendant OPINION & ORDER Plaintiff Tammy L. Bass (“Plaintiff”) commenced this action pursuant to 42 U.S.C. §405(g), challenging the decision of the Commissioner of Social Security (“Commissioner”), which denied Plaintiff’s application for disability insurance benefits and found her not disabled. (Docket No. 1). Thereafter, Plaintiff moved for judgment on the pleadings, (Docket No. 9), and the Commissioner cross-moved for judgment on the pleadings, (Docket No. 17). On October 5, 2017, the Court granted Plaintiff’s motion, denied the Commissioner’s motion, and ordered that the case be remanded for further administrative proceedings.² (Docket No. 19). The Clerk of the Court entered judgment on October 10, 2017. (Docket No. 20). On December 15, 2017, the parties stipulated that Plaintiff was entitled to an award of $4,600.00 in attorney’s fees pursuant to the Equal Justice Act (“EAJA”), 28 U.S.C. §2412, and $400.00 in court costs from the Judgment Fund pursuant to 28 U.S.C. §1920. (Docket No. 21). Because this award was partially offset by Plaintiff’s federal debt, counsel ultimately received $3,088.54 under the EAJA. (See Docket No. 23 5). Before the Court is Plaintiff’s application for attorney’s fees for work performed by her counsel, the Law Offices of Charles E. Binder and Harry J. Binder, LLP (the “Binder Firm”), under 42 U.S.C. §406(b) (“§406(b)”). (Docket Nos. 22-24). The Commissioner does not object to the application, but requests that the Court determine the timeliness of the application as well as the reasonableness of the fees requested in its discretion. (Docket No. 26). For the reasons that follow, Plaintiff’s application for attorney’s fees is granted. I. BACKGROUND Plaintiff applied for Supplemental Security Income benefits on June 30, 2011. (Docket No. 23 1). Her claim was denied, and after two hearings as well as a remand by the Appeals Council, ALJ Michael Friedman (“ALJ Friedman”) issued a decision finding her not disabled on September 3, 2014. (Id.