Winslow v. Commissioner of Social Security

Filing 29

ORDER: Granting Motion for 42 U.S.C. § 406(b) Attorney Fees 27 . See 2-page order attached. Signed on 11/19/2014 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ELIZABETH WINSLOW,
Plaintiff,

No. 02:13-cv-00467-HZ

v.
COMMISSIONER OF SOCIAL SECURITY,

ORDER

Defendant.
Plaintiff Elizabeth Winslow brought this action seeking review of the Commissioner's
final decision to deny disability insurance benefits (DIB). In an April 7, 2014 Opinion & Order, I
reversed the Commissioner's decision, concluding that the Administrative Law Judge (ALJ) had
improperly rejected an examining physician's opinion. I ordered that the case be remanded for a
determination of benefits. Judgment was entered on April 7, 2014.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no
objection to the request. I have reviewed the record in the case, the motion, and the supporting
materials including the award of benefits, the fee agreement with counsel, and the time records

1 - ORDER

submitted in connection with the prior Equal Access to Justice Act (EAJA) fee petition.
Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), I find the
requested fees reasonable.
I grant the motion [#27] and award Plaintiff's counsel $16,772.50 in attorney's fees under
42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $6,375.61
under EAJA. 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 $10, 396.89, less any applicable processing fees as allowed by
statute.
IT IS SO ORDERED.
Dated this

day of

Marco A. Hernandez
United States District Judge

2 - ORDER

, 2014