Canales v. Social Security Administration

Filing 33

ORDER: Granting Motion for 406(b) Attorney Fees 30 . See 2-page order attached. Signed on 10/27/2012 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
XAVIER CANALES,
Plaintiff,

No. 03:10-cv-01200-HZ

v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,

ORDER

Defendant.
Plaintiff Xavier Canales brought this action seeking review of the Commissioner's
decision to deny his applications for disability insurance benefits (DIB) and supplemental
security income (SSI). In an October 4, 2011 Opinion & Order, I reversed the Commissioner's
decision, concluding that the Administrative Law Judge (ALJ) had erred improperly rejected the
opinion of an examining psychologist and that remand for an award of benefits was appropriate.
Judgment was entered on October 4, 2011.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no
1 - ORDER

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 recitation of
counsel's hours and services. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789,
796 (2002), I find the requested fees reasonable.
I grant the motion [#30] and award plaintiff's counsel $16,018.25 in attorney's fees under
42 U.S.C. § 406(b). Previously, I awarded plaintiff attorney's fees in the amount of $4,418.50
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. 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 $11,599.75,
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

, 2012