Bleicher v. Commissioner Social Security Administration

Filing 29

ORDER: Granting Motion for Attorney Fees 27 . Please access entire text by document number hyperlink. Signed on 08/02/2022 by Magistrate Judge Mark D. Clarke. (rsm)

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Case 1:20-cv-01616-CL Document 29 Filed 08/02/22 Page 1 of 2 Laurie B. Mapes, OSB #841670 Attorney at Law PO Box 1241 Scappoose OR 97056 Voice: (503) 543-2900 Fax: (503) 543-3676 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON . LEESAMAREE B., 1 Case No. 1:20-cv-01616-CL Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b) Defendant. Plaintiff, LeesaMaree B.,. brought this action for review of the Commissioner's final decision to deny Plaintift's application for disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-34. Doc. No. 1. The Court remanded this matter for immediate calculation and payment of benefits. Doc. Nos. 20, 21. Plaintiff now seeks an award of attorney fees under 42 U.S.C. § 406(b). Doc. Nos. 27, 28. The Court finds that the requested fees are reasonable. In the interest of privacy, this order uses only the first name and the initial of the last name of the non-governmental party or parties in this case. 1 ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b) - 1 Case 1:20-cv-01616-CL Document 29 Filed 08/02/22 Page 2 of 2 Plaintiffs motion for attorney fees (Doc. Nos. 27, 28) is granted! Plaintiffs counsel is awarded $14,975.50 in attorney fees under 42 U.S.C. § 406(b). Earlier, the Court awarded Plaintiff attorney fees in the amount of$10,736.99 under the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). Doc. No. 26. Plaintiffs counsel confirmed receipt ofEAJA attorney · fees in that amount. Doc. No. 28. An EAJA award of attorney fees offsets an award under Section 406(b). Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Therefore, when Defendant issues the Section 406(b) check for payment to Plaintiffs attorney, Defendant is directed to. subtract the amount previously awarded under EAJA and pay Plaintiffs attorney, Laurie B. Mapes, the balance of $4,238.51, less any applicable processing or user fees prescribed by statute. The Section 406(b) check should be mailed to Laurie B. Mapes at P.O. Box 1241, Scappoose OR 97056. IT IS SO ORDERED. DATED this '2---· day of _ _.,,__ _ · _.,,,_5_ _ _...r.7 United States Magistrate Judge SUBMITTED BY: /s/ Laurie B. Mapes Laurie B. Mapes OSB #841670 (503) 543-2900 Attorney for Plaintiff ORDER FOR ATTORNEY FEES UNDER42 U.S.C. § 406(b)-2

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