Wohlers v. Berryhill

Filing 28

ORDER granting 27 Motion for Attorney Fees. This Order shall serve as official approval of attorney Andrew T. Koenig's fees in the amount of $20,795.00. IT IS FURTHER ORDERED that, upon receipt of such fees, Mr. Koenig shall reimburse Wohlers in the amount of $7,900.00, representing fees Mr. Koenig has already received. Signed by Judge Dana L. Christensen on 6/4/2024. (ASG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
JAMIE LEE WOHLERS,

CV 17–122–M–DLC

Plaintiff,
vs.

ORDER

MARTIN J. O’MALLEY,
Commissioner of Social Security,
Defendant.
Before the Court is counsel for Plaintiff, Andrew T. Koenig’s motion for an
award of attorney’s fees, pursuant to 42 U.S.C. § 406(b). (Doc. 27.) On December
20, 2018, this Court reversed the Commissioner’s decision denying Wohlers’s
application for benefits and remanded for additional agency proceedings. (Docs.
22, 23.) On April 29, 2019, the Court awarded Mr. Koenig $7,900.00 in EAJA
fees. (Doc. 25.) On remand, the Commissioner awarded Wohlers past-due Title II
benefits from March 30, 2015. (Doc. 27 at 2.) Of the total amount awarded,
$20,795.00, representing 25% of the total award, has been withheld pending
approval of attorney’s fees. (Id.) Having reviewed the motion and associated
declarations, the Court finds this amount to constitute a reasonable award of
attorney’s fees. See Gisbrecht v. Barnhart, 535 U.S. 789, 808 (2002).

1

Accordingly, IT IS ORDERED the motion (Doc. 27) is GRANTED. This
Order shall serve as official approval of attorney Andrew T. Koenig’s fees in the
amount of $20,795.00.
IT IS FURTHER ORDERED that, upon receipt of such fees, Mr. Koenig
shall reimburse Wohlers in the amount of $7,900.00, representing fees Mr. Koenig
has already received.
DATED this 4th day of June, 2024.

2