Zingg v. Commissioner Social Security Administration

Filing 31

ORDER - The Court GRANTS Plaintiff's Unopposed Motion for Attorney Fees, ECF 29 . Signed on 3/26/2024 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
KRISTINA L. ZINGG,
Plaintiff,
vs.

Case No. 1:21-cv-01072-SI
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

COMMISSIONER,
Social Security Administration,
Defendant.
Plaintiff Kristina L. Zingg brought this action seeking review of the Commissioner’s final
decision denying her application for disability benefits under the Social Security Act. Based on
the stipulation of the parties, the Court reversed the Commissioner’s decision and remanded the
case for further administrative proceedings. The Commissioner subsequently found Plaintiff
entitled to Social Security benefits beginning December 2016.
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.
Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED,
and Plaintiff’s counsel is awarded $11,821.07 in attorney’s fees under 42 U.S.C. § 406(b),
representing the difference between the full § 406(b) amount requested ($20,002.00) and the
amount of EAJA fees counsel has already received ($8,180.93).
In accordance with agency policy, the Commissioner is instructed to make a direct
payment of the award of $11,821.07, less any applicable processing or user fees prescribed by
statute, to Plaintiff’s attorney, Katherine L. Eitenmiller, at WELLS, MANNING,
EITENMILLER & TAYLOR, P.C., from benefits the Social Security Administration has withheld
from Plaintiff’s past due benefits. Any amount withheld after all administrative and court
attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this ____
2024.
26th day of __________________
March

___________________________________
MICHAEL H. SIMON
United States District Judge
Proposed Order submitted by:
Katherine L. Eitenmiller
WELLS, MANNING, EITENMILLER & TAYLOR, 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)
1:21-cv-01072-SI
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