I. Standard of Review Section 406(b)(1) of the Social Security Act provides, in part, that “[w]henever a court renders a judgment favorable to a [counseled] claimant” under the Social Security Act, “the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment.” 42 U.S.C. § 406(b)(1)(A). Attorneys' fee awards under section 406(b) are paid directly out of the plaintiff's past benefits in accordance with the terms of a contingency agreement. Id.; see Walls v. Comm'r of Social Security, 2020 WL 3026462, at *1 (D. Conn. June 5, 2020). Requests for section 406(b) fees must be both timely and reasonable.

I. Standard of Review Section 406(b)(1) of the Social Security Act provides, in part, that “[w]henever a court renders a judgment favorable to a [counseled] claimant” under the Social Security Act, “the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment.” 42 U.S.C. § 406(b)(1)(A). Attorneys' fee awards under section 406(b) are paid directly out of the plaintiff's past benefits in accordance with the terms of a contingency agreement. Id.; see Walls v. Comm'r of Social Security, 2020 WL 3026462, at *1 (D. Conn. June 5, 2020). Requests for section 406(b) fees must be both timely and reasonable.

Id; see Walls v. Comm'r of Social Security, 2020 WL 3026462, at *1 (D. Conn. June 5, 2020).

Id; see Walls v. Comm'r of Social Security, 2020 WL 3026462, at *1 (D. Conn. June 5, 2020).

Accordingly, like other courts in this Circuit, the Court will exercise its discretion and allow plaintiff's counsel to file his section 406(b) application outside the fourteen-day filing deadline. See, e.g., Henderson, 2021 WL 5206385, at *3 (permitting late filing of section 406(b) application where “[c]ounsel was diligent and filed the motion for attorney's fees 11 days after receiving notice” of the award); Walls v. Comm'r of Soc. Sec., No. 3:17CV01669(RMS), 2020 WL 3026462, at *3 (D. Conn. June 5, 2020) (finding that section 406(b) motion filed eight days after the filing deadline “was timely filed[]” given the “short delay[]”).

Id; see Walls v. Comm'r of Social Security, 2020 WL 3026462, at *1 (D. Conn. June 5, 2020).

Various courts have proceeded similarly. See, e.g., Williams v. Comm'r of Soc. Sec., 2021 WL 4480536, at *3 (E.D.N.Y. Sept. 30, 2021) (fee motion timely over four months after 14-day filing period began to run where attorney was working from home and experienced mailing delays); see also Walls v. Comm'r of Soc. Sec., 2020 WL 3026462, at *3 (D. Conn. June 5, 2020) (fee motion timely eight days after deadline); Lesterhuis v. Comm'r of Soc. Sec., 408 F.Supp.3d 292, 295 (W.D.N.Y. 2019) (same, nine days after); Tanner v. Comm'r of Soc. Sec., 2018 WL 6521585, at *3 (N.D.N.Y. Dec. 12, 2018) (same, 19 days after).

For example, in Janes v. Saul, No. 18-CV-5054 (GBD) (SDA), 2020 WL 7029173, at *3 (S.D.N.Y. July 28, 2020), report and recommendation adopted sub nom. Janes v. Berryhill, 498 F.Supp.3d 540 (S.D.N.Y. 2020), the court forgave a delay of three months “[b]ecause [the] [p]laintiff's administrative counsel's office was closed due to the COVID-19 pandemic, ” so he did not receive the Notices of Award until nearly 3 months after they were mailed. In Walls v. Commissioner of Social Security, No. 17-CV-1669 (RMS), 2020 WL 3026462, at *3 (D. Conn. June 5, 2020), the court forgave the plaintiff's filing of a fee petition eight days after the 14-day filing period, given that there was a work-from-home order in place due to the COVID-19 pandemic, even though “counsel [did] not offer[] a justification for his short delay.”