Watkins v. Commissioner Social Security Administration

Filing 44

ORDER: Granting Motion for Attorney Fees 42 . Signed on 12/27/17 by Judge Marco A. Hernandez. (jy)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CORY A. WATKINS,
Plaintiff,

No. 3:14-cv-01753-HZ
ORDER

v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
HERNÁNDEZ, District Judge:
Plaintiff Cory Watkins brought this action seeking review of the Commissioner’s final
decision to deny Social Security benefits. In an January 15, 2016 Opinion & Order, the Court
reversed the Commissioner’s decision and ordered that the case be remanded for additional
proceedings. Judgment was also entered on January 15, 2016.

Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no
objection to the request. The Court has 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), the Court finds the requested fees reasonable.
The Court grants the motion [42] and awards Plaintiff’s counsel $9,484.13 in attorney’s
fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees in the
amount of $8,891.12 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 $593.01 less any applicable processing fees as allowed by statute. Any amount withheld after
all administrative and court attorney’s fees are paid should be released to the claimant.
IT IS SO ORDERED.
Dated this

day of

Marco A. Hernández
United States District Judge

, 2017