Warden v. Commissioner Social Security Administration

Filing 28

ORDER: Granting Motion for Attorney Fees 27 . See attached Order. Signed on 8/2/2017 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CHARLES VINCENT WARDEN,

No. 3:15-cv-00038-HZ

Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

ORDER

Defendant.
Plaintiff Charles Warden brought this action seeking review of the Commissioner's final
decision to deny disability insurance benefits (DIB) and supplemental security income (SSI). On
November 17, 2015, based on the stipulation of the parties, I remanded the case to the
Commissioner for further administrative proceedings. ECF 22. Judgment was entered on
November 17, 2015.
On remand, an Administrative Law Judge awarded Plaintiff benefits. Pl.'s Mot., Ex. 5,
ECF 27-5. Plaintiff now seeks an award of attorney's fees pursuant to 42 U.S.C. § 406(b).
Defendant has no objection to the request. I have reviewed the record in the case, the motion,
1 - ORDER

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), I find the requested fees reasonable.
I grant the motion [27] and award Plaintiff's counsel $18,276.00 in attorney's fees under
42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $4,628.95
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. ECF 25. Deducting that
amount from the § 406(b) award leaves a net award of $13,647.05. However, Plaintiff represents
that the Social Security Administration has already deducted $6,000 in fees under 42 U.S.C. §
406(a) for legal services provided in connection with administrative proceedings before the
agency, leaving only $12,276 reserved by the agency to satisfy the § 406(b) fee request. Pl.'s
Mot. 3. Plaintiff's counsel accepts the $12,276 amount. Thus, Plaintiff is awarded $12,276 in
attorney's fees under § 406(b), 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. Hernandez
United States District Judge

2 - ORDER

, 2017