Johnston v. Commissioner Social Security Administration

Filing 35

ORDER: Granting Plaintiff's Motion for 42 U.S.C. § 406(b) Attorney Fees 33 . See 3-page order attached. Signed on 6/24/2013 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

RUTH ANN JOHNSTON,
No. 3:10-cv-06175-HZ
Plaintiff,
ORDER
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

Kathryn Tassinari
Robert Baron
Harder, Wells, Baron & Manning, PC
474 Willamette, Suite 200
Eugene, OR 97401
Attorneys for Plaintiff
Adrian L. Brown
U.S. Attorney’s Office
District of Oregon
1000 SW Third Ave., Suite 600
Portland, OR 97201-2902
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1 - OPINION & ORDER

David J. Burdett
Office of the General Counsel
Social Security Administration
701 Fifth Ave., Suite 2900 M/S 221A
Seattle, WA 98104-7075
Attorneys for Defendant
HERNANDEZ, District Judge:
Plaintiff Ruth Ann Johnston brought this action seeking review of the Commissioner’s
decision to deny her applications for disability insurance benefits (DIB). In an August 9, 2011
Opinion & Order, I reversed the Commissioner’s decision and remanded for additional
proceedings. On remand, Plaintiff was awarded benefits.
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 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 [#33] and award Plaintiff’s counsel $13,616.98 in attorney’s fees under
42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney’s fees in the amount of $4,581.73
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. In addition, $5,912 was paid
to Mark Manning, Plaintiff’s prior attorney during the administrative proceeding. 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 the amount previously awarded to
Mark Manning.
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2 - OPINION & ORDER

Therefore, the Commissioner is directed to send Plaintiff’s attorney the balance of
$3,123.25, less any applicable processing fees as allowed by statute.
IT IS SO ORDERED.

Dated this

day of June, 2013.

MARCO A. HERNANDEZ
United States District Judge

3 - OPINION & ORDER