Meier v. Astrue

Filing 38

MEMORANDUM AND ORDER: 1) The 27 Motion for EAJA Fees and Costs is DENIED. 2) The alternative 35 Motion for Fees and Costs under 406(b) is GRANTED. Counsel has provided evidence of the fee agreement with Plaintiff and of past due benefits awarded. Fees of $14,856.55 and costs of $805.00 are approved. Signed by Judge Sam E Haddon on 7/7/2011. (SLR, )

FILED

2011 JUL 7 Prl ~ 05
IN TIlE UNITED STATES DISTRICT

PATRICK E. GUFFY. CLERi;

COU~T
_ _ _ _._ _

DEPUTY CLERK

FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

JEFFREY T. MEIER,
Plaintiff,

No. CV-09-31-GF-SEH

vs.
MEMORANDUM
AND ORDER

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

This matter is before the Court on Plaintiffs renewed motion for an award
offees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2412(d), orin the alternative, for an award of contract based fees and costs under
the Social Security Act, 42 U.S.C. § 406(b).
No less than 6 separate rulings were issued denying benefits before the
Ninth Circuit Court of Appeals ordered benefits be paid. The position of the
government in opposing the petition for benefits was substantially justified.
28 U.S.C. § 2412(d); Pierce v. Underwood, 487 U.S. 552, 563-64 (1988).

ORDER

1.

The Motion for EAJA Fees and Costs! is DENIED.

2.

The alternative Motion for Fees and Costs under § 406(b)2 is

GRANTED. Counsel has provided evidence of the fee agreement with Plaintiff
and of past due benefits awarded. Fees of$14,856.55 and costs of $805.00 are
approved.
DATED this

'1

~

day ofJuly, 2011.

United States District Judge

I

Document No. 35-1

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Document No. 35-2

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