Cowan v.Commissioner Social Security Administration
ORDER - Unopposed Motion for Attorney Fees pursuant to 42 USC § 406b 28 is granted and Plaintiff's counsel is awarded $9,774 in attorney's fees under 42 U.S.C. § 406(b).(See attached 2-paged Order). Signed on 1/9/2017 by Judge Marco A. Hernandez. (pg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CAROL MARIE COWAN,
COMMISSIONER OF SOCIAL SECURITY,
Plaintiff Carol Marie Cowan brought this action seeking review of the Commissioner's
final decision to deny disability insurance benefits (DIB). Based on a stipulated motion by the
parties, the case was remanded to the Commissioner on March 16, 2016, for further
administrative proceedings. Judgment was entered on that same date.
Plaintiff now seeks an award of 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, 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,
1 - ORDER
796 (2002), I find the requested fees reasonable.
I grant the motion [#28] and award Plaintiff's counsel $9,774 in attorney's fees under 42
U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $6,270 under
the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, ECF 24. 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 $3,504, 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.
Marco A. Hernandez
United States District Judge
2 - ORDER
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