Winton v. Commissioner Social Security Administration

Filing 30

Order For Attorney Fees: Granting Motion for Attorney Fees 28 .Pursuant to U.S.C. § 406(b), reasonable fees in the amount of $7,653.25 are hereby awarded to Plaintiff's attorney, Nancy J. Meserow. Signed on 4/13/17 by Judge Garr M. King. (cib)

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Nancy J. Meserow, OSB# 820895
njm@}meserolaw.com
Law Office of Nancy J. Meserow
7540 S.W. 51 st Ave.
Portland, Oregon 97219
Ph. 503-560-6788 Fax [phone]
Plaintiff's Attorney
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TIMOTHY LEE WINTON,

CV# 3: 15-CV -00465-KI

Plaintiff,
ORDER FOR ATTORNEY FEES
UNDER 42 U.S.C § 406(B)

V.

CAROLYN W. COL VIN,
COMMISSIONER SOCIAL SECURITY
ADMINISTRATION,
Defendant.

Pursuant to U.S.C. § 406(b), reasonable fees in the amount of $7,653.25 are hereby
awarded to Plaintiff's attorney, Nancy J. Meserow. Previously this Court awarded Plaintiff
EAJA fees in the amount of $13,178.32 to be paid to Plaintiff's attorney, Ms. Meserow,
pursuant to the Equal Access to Justice Act (EAJA), 28 USC 2412 (d); and supplemental EAJA
fees in the amount of $2.277 .36, also to be paid to Plaintiff's counsel, after the satisfaction of
Plaintiffs debts, if any, under Astrue v. Ratliff, 130 S. Ct. 2521 (2010). However, Plaintiff's
attorney received no EAJA fees for her work on Mr. Winton's case. All of the EAJA fees were
taken by the Treasury Offset Program to pay Plaintiff's outstanding federal debts. Therefore,
when issuing the 406(b) fee check to Ms. Meserow, the Agency is therefore directed not to
subtract the amount paid as EAJA fees and taken by Treasury to satisfy Plaintiff's federal debts,
and to send to Ms. Meserow the $7,653.25 attorney fees hereby ordered, by check payable to

Ms. Meserow in the amount of $7,653. 25 Any amount then remaining from Plaintiffs awarded
benefits should be released to Plaintiff by Defendant as soon as practicable.

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IT IS SO ORDERED this _ __t_h___ day of_A_p_ril___ , 2017.

Isl Garr M. King
Garr King, U.S. DISTRICT JUDGE