Haile v. Commissioner Social Security Administration

Filing 26

ORDER: Granting Motion for Attorney Fees 25 . The Court awards Plaintiff's counsel $22,952 in attorney's fees under 42 U.S.C. § 406(b). Signed on 7/11/17 by Judge Marco A. Hernandez. (cib)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MUSIE HAILE, Plaintiff, No. 3:14-cv-01996-HZ v. ORDER COMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant. HERNANDEZ, District Judge: Plaintiff Musie Haile brought this action seeking review of the Commissioner's final decision to deny him disability insurance benefits and supplemental security income. In a February 14, 2016, Opinion & Order, this Court reversed the Commissioner's decision and remanded the case for further proceedings. Judgment was entered the same day. The additional proceedings resulted in payment of benefits. Pl.’s Mot. Ex. 1, ECF 25-1. 1 - ORDER 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. CONCLUSION Plaintiff’s motion [25] is granted. The Court awards Plaintiff’s counsel $22,952 in attorney's fees under 42 U.S.C. § 406(b). Previously, Plaintiff’s counsel received $7,039.72 in fees 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 $15,912.28, less any applicable processing fees as allowed by statute. IT IS SO ORDERED. Dated this __________________ day of __________________________ , 2017. __________________________________________ MARCO A. HERNÁNDEZ United States District Judge 2 - 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?