Alo v. Commissioner Social Security Administration

Filing 30

ORDER: Granting Motion for Attorney Fees 29 . Signed on 1/5/21 by Judge Anna J. Brown. See attached Order. (bb)

Case 1:16-cv-00180-BR

Document 30

Filed 01/05/21

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CHERYL LYNN ALO,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 1:16-cv-00180-BR
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Cheryl Lynn Alo brought this action seeking review of the Commissioner’s final
decision denying her application for disability benefits under the Social Security Act. The U.S.
Court of Appeals for the Ninth Circuit reversed the Commissioner’s decision and remanded the
case to the district court with instructions to remand for further proceedings. This Court entered
Judgment of Remand on May 23, 2019. The Commissioner subsequently found Plaintiff entitled
to disability benefits beginning February 2011.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not
objected to the request. I have reviewed the record in this case, the motion, and the supporting
materials, including the award of benefits, the fee agreement with counsel, and the recitation of

Case 1:16-cv-00180-BR

Document 30

Filed 01/05/21

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counsel’s hours and services. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S.
789, 796 (2002), the Court finds that the requested fees are reasonable.
Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED,
and Plaintiff’s counsel is awarded $30,295.00 in attorney’s fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $10,713.15 under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. When issuing the § 406(b) check for
payment to Plaintiff’s attorney, the Commissioner is directed to subtract the amount awarded for
EAJA and send the balance of $19,581.85, less any applicable processing or user fees prescribed
by statute, to Plaintiff’s attorneys at HARDER, WELLS, BARON & MANNING, P.C., 474
Willamette Street, Eugene, Oregon 97401. Any amount withheld after all administrative and
court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this 5th day of January, 2021.

/s/ Anna J. Brown
___________________________________
ANNA J. BROWN
United States Senior District Judge
Proposed Order submitted by:
Katherine L. Eitenmiller
HARDER, WELLS, BARON & MANNING, P.C.
474 Willamette Street
Eugene, OR 97401
[phone]
[e-mail]
Of Attorneys for Plaintiff

ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
1:16-cv-00180-BR
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