Wilson v. Commissioner of Social Security Administration
Filing
29
ORDER: Granting Motion for 42 U.S.C. § 406(b) Attorney Fees 26 . See 2-page order attached. Signed on 1/28/2014 by Judge Marco A. Hernandez. (mr)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DONNY WILSON,
Plaintiff,
No. 3:11-cv-01001-HZ
v.
CAROLYN COLVIN, Commissioner
of Social Security,
ORDER
Defendant.
Plaintiff Donny Wilson brought this action seeking review of the Commissioner's
decision to deny his application for disability insurance benefits (DIB). In an October 31, 2012
Opinion & Order, I reversed the Commissioner's decision, concluding that the Administrative
Law Judge (ALJ) had improperly concluded that Plaintiff is not disabled and not entitled to DIB.
I ordered that the case be remanded for additional proceedings. Judgment was entered on
September 11, 2012.
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
1 - ORDER
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 [26] and award Plaintiff's counsel $16,208.50 in attorney's fees under
42 U.S.C. § 406(b). Plaintiff’s counsel, however, has requested only $10,587.25 in recognition
of a $5,621.25 agency fee that was requested on November 4, 2013. Previously, I awarded
Plaintiff attorney's fees in the amount of $3,719.01 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 $6,868.24, less any applicable processing fees as
allowed by statute.
IT IS SO ORDERED.
Dated this 22 day of January, 2014
Marco A. Hernandez
United States District Judge
2 - ORDER
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