Giancone v. Commissioner Social Security Administration

Filing 43

ORDER: Granting Plaintiff's Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. §406(b) 39 . It is hereby ORDERED that attorney fees in the amount of $17,751.23 are awarded to Plaintiff's attorney pursuant to 42 U.S.C. § 406(b). See Order for details. Signed on 12/2/2013 by Magistrate Judge John Jelderks. (jtj)

Bruce W. Brewer, OSB No. 925581
[e-mail]
PO Box 421
West Linn, OR 97068
Phone: [phone]
Fax: [phone]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

DUANE GIANCONE,

Case No. 3:12-cv-00495-JE

Plaintiff,
vs.

ORDER

COMMISSIONER of Social Security,
Defendant.
It is hereby ORDERED that attorney fees in the amount of $17,751.23 are awarded to
Plaintiff's attorney pursuant to 42 U.S.C. § 406(b). The Court finds this is a reasonable fee. If this
Court awards an attorney fee pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412,
when issuing the § 406(b) check, the agency is directed to subtract the amount awarded, if any, under
the EAJA (28 U.S.C. § 2412) and to send to Plaintiff's attorney at his current address shown above
the balance, 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.
December
2nd
DATED this ____ day of _________________________, 2013.

/s/ John Jelderks
__________________________________________
United States District / Magistrate Judge
Presented by:
Bruce W. Brewer
Attorney for Plaintiff

ORDER - Page 1