Howard v. Commissioner Social Security Administration

Filing 31

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b): Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED, and Plaintiff's counsel is awarded $ 15,153.38 in attorney's fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney fees in the amount of $8,917.72 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 $6,235.66, less any applicable processing or user fees prescribed by statute, to Plaintiff's atto rneys 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 18th day of November, 2021, by United States Magistrate Judge John V. Acosta. (pjg)

Case 1:19-cv-01005-AC

Document 31

Filed 11/18/21

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
NEWELL SAMUEL HOWARD II,

Case No. 1:19-cv-01005-AC

Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Newell Samuel Howard II brought this action seeking review of the
Commissioner’s final decision denying his application for disability benefits under the Social
Security Act. The Court reversed the Commissioner’s decision, remanded the case for further
administrative proceedings, and entered Judgment on September 3, 2020.
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
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.

Case 1:19-cv-01005-AC

Document 31

Filed 11/18/21

Page 2 of 2

Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED,
and Plaintiff’s counsel is awarded $15,153.38 in attorney’s fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $8,917.72 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 $6,235.66, 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 18th day of November, 2021.

___________________________________
JOHN V. ACOSTA
United States Magistrate 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)
1:19-cv-01005-AC
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