Cochrane v. Commissioner Social Security Administration
ORDER: Granting Motion for Attorney Fees 20 . Signed on 10/24/2017 by Judge Marco A. Hernandez. (joha)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MARCELLE RANEE COCHRANE,
COMMISSIONER OF SOCIAL SECURITY,
Plaintiff Marcelle Cochrane brought this action seeking review of the Commissioner's
final decision to deny disability insurance benefits (DIB), supplemental security income (SSI),
and disabled widow's benefits (DWB). In a May 18, 2017 Opinion & Order, I reversed the
Commissioner's decision, and ordered that the case be remanded for a determination of benefits.
ECF 14. Judgment was entered that same day. ECF 15.
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
1 - ORDER
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 [#20] and award Plaintiff's counsel $15,694.25 in attorney's fees under
42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $10,500
under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. ECF 19. 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
$5,194.25, 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
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?