Stewart v. Commissioner Social Security Administration

Filing 28

ORDER. Attorney fees in the amount of $28,150.00 are hereby awarded to Plaintiff's attorney pursuant to 42 U.S.C. § 406(b). The court finds this is a reasonable fee. Previously, this court awarded $5,105.24, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (and another $7,499.99 in CV # 08-82-HO, which is this same claim). When issuing the § 406(b) check, the agency is directed to subtract both amounts previously awarded under the EAJA, and to send to Plaintiff's attorney at his current address shown above the balance of $15,544.77, minus any user fee. Any amount withheld (including the EAJA fee offset) after all administrative and court attorneys fees are paid should be released to the claimant. Signed on 04/11/2013 by Judge James A. Redden. (pvh)

WILBORN LAW OFFICE, P.C.
TIM WILBORN, Attorney at Law- OSB # 944644
[e-mail]
P.O. Box 370578
Las Vegas, NV 89137
Voice: [phone]; Fax: [phone]
Attorney for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

Case No. 3:11-cv-1091-RE

MICHAEL STEWART,
Plaintiff,

ORDER

vs.
COMMISSIONER of Social Security,
Defendant.

Attorney fees in the amount of$28, 150.00 are hereby awarded to Plaintiffs attorney pursuant
to 42 U.S.C. § 406(b). The court finds this is a reasonable fee. Previously, this court awarded
$5,105.24, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (and another
$7,499.99 in CV # 08-82-HO, which is this same claim). When issuing the§ 406(b) check, the
agency is directed to subtract both amounts previously awarded under the EAJA, and to send to
Plaintiffs attorney at his current address shown above the balance of$15,544. 77, minus any user
fee. Any amount withheld (including the EAJA fee offset) after all administrative and court
attomeys fees are paid should be released to the claimant.
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Presented by:
sf Tim Wilborn, OSB # 944644
Attorney for Plaintiff
ORDER- Page 1