Klocko v. Commissioner Social Security Administration

Filing 23

ORDER: Granting Motion for Attorney Fees 22 . Signed on 2/27/2018 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LORI KLOCKO,
Plaintiff,

v.

No. 3:16-CV-01336-HZ

ORDER

NANCY A. BERRYHILL, acting
Commissioner of Social Security,
Defendant.

HERNÁNDEZ, District Judge:
Plaintiff Lori Klocko brought this action seeking review of the Commissioner’s final
decision denying her application for Supplement Security Income and Disability Insurance
Benefits under the Social Security Act. The Court reversed the Commissioner’s decision,
remanded the case for further administrative proceedings, and entered judgment on April 12,
2017.

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 are reasonable.
Plaintiff’s motion [22] is granted, and Plaintiff’s counsel is awarded $18,289.75 in
attorney’s fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees
in the amount of $4,412.37 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 awards under EAJA and send Plaintiff’s attorney the
balance of $12,877.38, less any applicable processing or user fees prescribed by statute. Any
amount withheld after all administrative and court attorney’s fees are paid and should be released
to the claimant.
IT IS SO ORDERED.

DATED this

day of

, 2018.

________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER