Harris v. Commissioner Social Security Administration

Filing 23

ORDER: Granting Motion for Attorney Fees 22 . Signed on 4/24/2019 by Judge Marco A. Hernandez. (jp) (Main Document 23 replaced on 4/26/2019) (eo).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

KATHY H.,1

No. 1:16-cv-01964-HZ
Plaintiff,

ORDER

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

HERNÁNDEZ, District Judge:
Plaintiff brought this action seeking review of the Commissioner’s final decision to deny
Disability Insurance Benefits (DIB). On September 13, 2017, the Court reversed and remanded
the case for further proceedings based on the stipulation of the parties. Judgment was entered on
September 13, 2017.

1

In the interest of privacy, this order uses only the first name and the initial of the last name of the nongovernmental party or parties in this case.

1 - ORDER

Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no
objection to the request. The Court has reviewed the record in the case, the motion, and the
supporting materials including the award of benefits, the fee agreement with counsel, and the
recitation of counsel’s hours and services. Applying the standards set by Gisbrecht v. Barnhart,
535 U.S. 789, 796 (2002), the Court finds the requested fees reasonable.
The Court grants the motion [22] and awards Plaintiff's counsel $14,039.50 in attorney’s
fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees in the
amount of $6,176.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. When
issuing the section 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed
to subtract the amount previously awarded under EAJA and send Plaintiff’s attorney the balance
of $7,863.50, less any applicable processing fees as allowed by statute. Any amount withheld
after all administrative and court attorney’s fees are paid should be released to the claimant.
IT IS SO ORDERED.
Dated this

day of

Marco A. Hernández
United States District Judge

2 - ORDER

, 2019