Erin E.V. Aslan
How Judge Aslan rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge Aslan decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
May approve a Social Security contingent fee substantially above counsel's ordinary hourly rate when the representation was effective, produced a favorable result, caused no delay, and does not create an unreasonable windfall.
“For the foregoing reasons, the motion for attorney’s fees (ECF No. 23) is granted. This Court awards $18,609.00 in attorney’s fees to Plaintiff’s counsel and directs him to reimburse Plaintiff the $5,000.00 in funds he previously received pursuant to the EAJA.”
Sitting by consent under 28 U.S.C. 636(c), Aslan reverses and remands a Social Security denial where the ALJ failed to perform the required function-by-function RFC analysis and conflated symptom evaluation with the RFC assessment (Dowling), but affirms where the ALJ properly balanced the record and the challenge amounts to a request to reweigh the evidence.
“the Commissioner's decision is reversed and the case is remanded for further proceedings consistent with this Opinion pursuant to sentence four of 42 U.S.C. § 405(g).”
Cautions
Narrows third-party subpoenas that sweep in sensitive nonparty information or cover an excessive time period, applying relevance, proportionality, privacy, and undue-burden limits.
“Mr. Williams’ request for ‘all incoming and outgoing calls’ is overbroad and calls for the production of potentially sensitive health-care related information of non-parties.”
On EAJA attorney-fee motions she applies Buckhannon strictly: a plaintiff who secured no judgment on the merits or court-ordered consent decree is not a prevailing party, and the catalyst theory does not entitle her to fees.
“because Ms. Lugo has not 'secure[d] a judgment on the merits or a court-ordered consent decree,' she is not a prevailing party and thus not entitled to an award of fees and other expenses... it is hereby ORDERED that Plaintiff's motion (ECF No. 17) is DENIED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Commissioner's decision is reversed and the case is remanded for further proceedings consistent with this Opinion pursuant to sentence four of 42 U.S.C. § 405(g).”
“Plaintiff's Motion for Summary Judgment is denied and the Commissioner's decision is affirmed.”
“it is hereby ORDERED that the Motion to Enforce Settlement (ECF No. 49) is GRANTED. Judgment in the amount of $240,000 is granted in favor of Erie and against WAWGD.”
“because Ms. Lugo has not 'secure[d] a judgment on the merits or a court-ordered consent decree,' she is not a prevailing party and thus not entitled to an award of fees and other expenses... it is hereby ORDERED that Plaintiff's motion (ECF No. 17) is DENIED.”
“For the foregoing reasons, the motion for attorney’s fees (ECF No. 23) is granted. This Court awards $18,609.00 in attorney’s fees to Plaintiff’s counsel and directs him to reimburse Plaintiff the $5,000.00 in funds he previously received pursuant to the EAJA.”
“Mr. Williams’ motion for the issuance of third-party subpoenas (ECF No. 29) is GRANTED IN PART and DENIED IN PART.”
“Ms. Vachon’s motion for appointment of a guardian ad litem (ECF No. 62) is DENIED without prejudice to renew;”
“Mr. Scott’s emergency motion to continue the preliminary injunction hearing (ECF No. 31) is DENIED”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 374 days (N = 2).
- By consent under 28 U.S.C. 636(c) she handles a general civil mix, Social Security review appeals, insurance subrogation/contract, APA challenges, personal injury, and labor/ERISA collection, and her fresh 2026 assignment list (contract, diversity PI, Section 1983, an insurance subrogation, an ERISA painters'-fund case) reflects the same breadth, alongside criminal-duty magistrate matters.
- Recently appointed (sworn 2023-12-04); no terminated non-Social-Security merits docket sampled for duration yet.
Draft for Judge Aslan with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Aslan, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Aslan's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace