Porter v. Commissioner of Social Security

Filing 35

ORDER granting 34 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 3/31/2017. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
SANDRA PORTER,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

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Case No. CIV-14-850-D

ORDER
Upon consideration of Plaintiff’s Motion for Attorney Fees Under 42 U.S.C.
§ 406(b) [Doc. No. 34] and the corresponding exhibits [Doc. Nos. 34-1, 34-2, 34-3], the
Court hereby GRANTS the Motion. Accordingly, Defendant is ordered, within thirty (30)
days of the date of this Order, to disperse $11,139.45 to Miles L. Mitzner of Mitzner Law
Firm, PLLC. Plaintiff’s counsel shall then comply with the March 6, 2017 Order of the
Court [Doc. No. 33], which requires Plaintiff’s counsel, upon receipt of fees under both the
Equal Access to Justice Act, 28 U.S.C. § 2412, and 42 U.S.C. § 406(b), to refund to Plaintiff
the lesser of the two fees. 1
IT IS SO ORDERED this 31st day of March, 2017.

1

See Order [Doc. No. 33] at 1-2 (quoting Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) (“Congress
harmonized fees payable by the Government under EAJA with fees payable under § 406(b) out of the
claimant’s past-due Social Security benefits in this manner: Fee awards may be made under both
prescriptions, but the claimant’s attorney must ‘refun[d] to the claimant the amount of the smaller fee.’”).