Ornellas v. Commissioner of Social Security

Filing 27

Order GRANTING Plaintiff's 24 Motion for Attorney Fees, signed by Magistrate Judge Erica P. Grosjean on 1/8/2018. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER GRANTING PLAINTIFF’S
MOTION FOR ATTORNEY FEES

Plaintiff,

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Case No. 1:15-cv-00730-EPG

NORMA JEAN ORNELLAS,

v.

(ECF No. 24)

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

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Defendant.
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Plaintiff Norma Jean Ornellas filed a complaint challenging the denial of her application

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for disability insurance benefits on August 10, 2015. (ECF No. 1.) On March 25, 2016, the

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parties entered into stipulation remanding the case to the Social Security Administration for

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further proceedings. (ECF No. 19.) The Court approved the stipulation on March 28, 2016, and

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entered judgment in Plaintiff’s favor. (ECF Nos. 20-21.)

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On April 26, 2016, the Court approved a stipulation for the award of attorney fees and

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expenses pursuant to the Equal Access to Justice Act (28 U.S.C. § 2412(d)) (“EAJA”) in the

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amount of $4,300. (ECF No. 23.)

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On December 1, 2017, Plaintiff’s counsel filed a motion for the award of reasonable

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attorney fees pursuant to 42 U.S.C. § 406(b) directing payment of $9,350.00 in attorneys fees to

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attorney Jacqueline A. Forslund. (ECF No. 24.) “Under 42 U.S.C. § 406(b), a court entering

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judgment in favor of an SSDI claimant who was represented by an attorney ‘may determine

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and allow as part of its judgment a reasonable fee for such representation, not in excess of 25

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percent of the total of the past-due benefits to which the claimant is entitled by reason of such

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judgment.’” Crawford v. Astrue, 586 F.3d 1142, 1147 (9th Cir. 2009) (quoting 42 U.S.C. §

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406(b)). Attorney Forslund expended 27.3 hours on this case, and has requested gross fee of

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$13,650.00. After deducting the $4,300.00 in EAJA fees previously received by attorney

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Forslund, the amount requested in the instant motion for attorney fees is $9,350.00. Defendant

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filed a response indicating that it had no objection to that amount. (ECF No. 26.)
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Accordingly, IT IS ORDERED that fees in the amount of $9,350.00 as authorized by 42
U.S.C. § 406(b) be awarded to attorney Jacqueline A. Forslund.

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IT IS SO ORDERED.
Dated:

January 8, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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