Givens v. Commissioner of Social Security Administration

Filing 52

***VACATED*** ORDER: Granting Plaintiff's unopposed Motion for Attorney Fees 47 . Plaintiff's counsel is awarded $49,585.50 under 42 U.S.C. § 406(b). Signed on 6/5/24 by Magistrate Judge Jolie A. Russo. (gm) Modified on 6/5/2024 . (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON GREGORY LEE G., Case No. 2:18-cv-00581-JR Plaintiff, ORDER FOR ATTORNEY FEES UNDER 42 U.S.C § 406(B) v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant. Plaintiff’s Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b), is hereby GRANTED, and Plaintiff’s counsel is awarded $49,585.50 under 42 U.S.C. § 406(b). Previously, this Court awarded Plaintiff EAJA fees in the amount of $30,828.42, to be paid to Plaintiff’s attorney, Ms. Meserow, after the satisfaction of Plaintiff's debts under Astrue v. Ratliff, 130 S. Ct. 2521 (2010). ECF Doc. 43, p.3; ECF Doc. 46, and ECF Doc. 30 from Plaintiff’s previous Case No. 2:14-cv00756-SU. Therefore, when issuing the 406(b) fee check for payment to Plaintiff’s counsel, the Commissioner is directed to subtract the $30,828.42 previously received, and to send Ms. Meserow the remaining balance of $18,757.08, less any applicable processing fee prescribed by law. The § 406(b) check payable to Ms. Meserow should be mailed to Nancy J. Meserow, Law Office of Nancy J. Meserow, 7540 SW 51st Avenue, Portland, OR 97219. IT IS SO ORDERED this 5th day of June, 2024. _____________________________ /s/ Jolie A. Russo Jolie A. Russo U.S. Magistrate Judge ORDER GRANTING 406 (B) FEES, 2:18-cv-00581-JR

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