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)

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