McCarley v. Social Security Administration
Filing
21
Opinion and Order: The Court DENIES Motion for Authorization of Attorneys' Fees 17 Pursuant to 42 U.S.C. § 406(b). The Court, however, GRANTS Plaintiff leave to show good cause for hi failure to request attorneys fees timely under § 406(b) and to renew his Motion no later than August 26, 2014. Signed on 08/06/2014 by Judge Anna J. Brown. See attached 4 page Opinion and Order for full text. (bb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MICHAEL MCCARLEY,
Plaintiff,
3:11-CV-00441-BR
OPINION AND ORDER
v.
CAROLYN W. COLVIN,
Commissioner, Social Security
Administration,1
Defendant.
STEVEN J. MUNSON
H. Peter Evans PC
610 S.W. Broadway
Suite 405
Portland, OR 97204
(503) 200-2718
Attorneys for Plaintiff
1
Carolyn W. Colvin became the Acting Commissioner of Social
Security on February 14, 2013. Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as Defendant in this case. No
further action need be taken to continue this case by reason of
the last sentence of Section 205(g) of the Social Security Act,
42 U.S.C. § 405.
1 - OPINION AND ORDER
S. AMANDA MARSHALL
United States Attorney
ADRIAN L. BROWN
Assistant United States Attorney
1000 S.W. Third Avenue, Suite 600
Portland, OR 97204-2902
(503) 727-1003
DAVID MORADO
Regional Chief Counsel
FRANCO L. BECIA
Special Assistant United States Attorney
Social Security Administration
701 Fifth Avenue, Suite 2900, M/S 901
Seattle, WA 98104
(206) 615-2114
Attorneys for Defendants
BROWN, Judge.
This matter comes before the Court on Plaintiff's Motion for
Authorization of Attorneys' Fees (#17) Pursuant to 42 U.S.C.
§ 406(b).
For the following reasons, the Court DENIES
Plaintiff's Motion with leave to renew upon a showing of good
cause for the failure to file the Motion timely.
BACKGROUND
On April 4, 2011, Plaintiff filed a Complaint in which he
sought judicial review of a final decision of the Commissioner of
the Social Security Administration denying Plaintiff's
application for Disability Insurance Benefits (DIB) under Title
II of the Social Security Act.
On June 26, 2012, this Court issued an Opinion and Order
2 - OPINION AND ORDER
reversing the Commissioner’s decision and remanding the matter
for the calculation and award of benefits pursuant to sentence
four of 42 U.S.C. § 405(g).
On September 2, 2012, the Social Security Administration
(SSA) sent Plaintiff a Notice of Award.
On May 29, 2014, Plaintiff filed a Motion for Authorization
of Attorney Fees pursuant to 42 U.S.C. § 406(b) in which he seeks
$7,164 in attorneys' fees for work performed in this matter
before this Court.
DISCUSSION
Local Rule 4000-8 provides in pertinent part:
Plaintiff shall submit any application for
attorneys’ fees under 42 U.S.C. § 406(b) within 60
days after plaintiff’s federal court attorney has
received all of the Notices of Award which are
necessary to calculate the total amount of
retroactive benefits payable.
An application
submitted beyond the 60-day period will be deemed
timely only upon a showing of good cause for the
delay.
As noted, the SSA issued a Notice of Award to Plaintiff on
September 2, 2012.
Plaintiff did not file his Motion seeking
attorneys’ fees pursuant to § 406(b) until May 29, 2014.
Accordingly, it appears on this record that Plaintiff’s Motion
seeking attorneys’ fees is untimely pursuant to Rule 4000-8.
Court, therefore, denies Plaintiff’s Motion.
The
Nevertheless, the
Court grants Plaintiff leave to show good cause for his failure
3 - OPINION AND ORDER
to request fees under § 406(b) for nearly two years after the SSA
sent Plaintiff the Notice of Award.
CONCLUSION
For these reasons, the Court DENIES Motion for Authorization
of Attorneys' Fees (#17) Pursuant to 42 U.S.C. § 406(b).
The
Court, however, GRANTS Plaintiff leave to show good cause for his
failure to request attorneys’ fees timely under § 406(b) and to
renew his Motion no later than August 26, 2014.
IT IS SO ORDERED.
DATED this 6th day of August, 2014.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge
4 - OPINION AND ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?