Anderson v. Commissioner Social Security Administration

Filing 25

ORDER: Granting Motion for Attorney Fees 24 . Signed on 10/13/16 by Judge Garr M. King. (cib)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MICHAEL D. ANDERSON,
Plaintiff,

v.
COMMISSIONER,
Social Security Administration,
Defendant.

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Case No. 2:15-cv-01305-KI
ORDER GRANTING PLAINTIFF'S
MOTION FOR ATTORNEY FEES
PURSUANT TO 42 U.S.C. § 406(b)

KING, District Judge:
Plaintiff Michael D. Anderson brought this action seeking review of the Commissioner's
final decision denying his application for Disability Insurance Benefits under the Social Security
Act. The Court reversed the Commissioner's decision, remanded the case for a determination of
benefits, and entered judgment on July 6, 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 the requested fees are reasonable.
ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b) - I

Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) [24] is granted, and
Plaintiff's counsel is awarded $24,995.45 in attorney's fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney's fees in the amount of $6,666.55 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 previously
awarded under EAJA and send Plaintiff's attorney the balance of $18,328.90, less any applicable
processing or user fees prescribed by statute. Any amount withheld after all administrative and
court attorney's fees are paid and should be released to the claimant.
IT IS SO ORDERED.

DATED this

j1_ of _ _O_c_h_··_~e_r 2016.
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ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b) - 2