Willits v. Commissioner Social Security Administration

Filing 23

ORDER: The Court grants the motion 22 and awards Plaintiff's counsel $15,873.75 in attorney's fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorneys fees in the amount of $8,000 under the E qual Access to Justice Act (EAJA), 28 U.S.C. § 2412. However, Plaintiff's attorney received only $4,225.26 of that fee, as $3,774.74 was applied toward the Plaintiff's delinquent debts in accordance with Astrue v. Ratliff, 1 30 S. Ct. 2521 (2010). When issuing the section 406(b) check for payment to Plaintiff's attorney, the Commissioner is therefore directed to subtract $4,225.26 and send Plaintiff's attorney the balance of $11,648.49 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. Signed on 12/27/2019 by Judge Marco A. Hernandez. (dsg)

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

KATHY W.,1

No. 1:17-cv-01809-HZ
Plaintiff,

ORDER

v.
COMMISSIONER SOCIAL
SECURITY ADMINISTRATION,
Defendant.
HERNÁNDEZ, District Judge:
Plaintiff brought this action seeking review of the Commissioner’s final decision to deny
Supplemental Security Income, Disability Insurance Benefits, and Widow’s Insurance Benefits.
Based on the parties’ stipulation, the Court ordered the Commissioner’s decision reversed and
remanded for further proceedings. Judgment was entered on August 8, 2018.

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 $15,873.75 in attorney’s
fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees in the
amount of $8,000 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. However,
Plaintiff’s attorney received only $4,225.26 of that fee, as $3,774.74 was applied toward the
Plaintiff’s delinquent debts in accordance with Astrue v. Ratliff, 130 S. Ct. 2521 (2010). When
issuing the section 406(b) check for payment to Plaintiff’s attorney, the Commissioner is
therefore directed to subtract $4,225.26 and send Plaintiff’s attorney the balance of $11,648.49
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

, 2019

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER