Darr v. Commissioner Social Security Administration

Filing 36

ORDER: Granting Motion for Attorney Fees 34 . Please access entire text by document number hyperlink. Signed on 04/22/2020 by Magistrate Judge Mark D. Clarke. (rsm)

Case 3:16-cv-01941-CL

Document 36

Filed 04/22/20

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

JAMES MICHAEL DARR, JR.,

Civ. No. 3:16-cv-01941-CL

Plaintiff,
ORDER
v.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
Defendant.
_______________________________________
CLARKE, Magistrate Judge.
This case comes before the Court on a motion for attorney fees (#34) under Social
Security Act § 206(b)(1) and 42 U.S.C. § 406(b)(1) in the amount of $11,546.17, which will be
reduced by the return of the Equal Access to Justice fee of $6,118.47. Full consent to magistrate
jurisdiction was entered on May 15, 2017. (#17).
The Commissioner does not oppose the granting of fees in this case, but raises a
discrepancy in the amount sought. Based on the Program Operations Manual System (POMS)
and other regulations, Plaintiff was entitled to past due benefits for the period March 2013
through April 2018, not March 2013 through May 2019 as Plaintiff claims. Thus, Plaintiff’s
406(b) fees would amount to $9,778.67. Plaintiff’s attorney did not respond to the
Commissioner’s correction of the record, and the Court finds he has conceded the issue.

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Case 3:16-cv-01941-CL

Document 36

Filed 04/22/20

Page 2 of 2

Having reviewed the proceedings and the amount of fees sought, the Court concludes that
Plaintiff’s counsel is entitled to the fees requested; therefore, the motion is GRANTED, but for
the amount proposed by the Commissioner. The Court authorizes and awards 406(b) attorney
fees of $9,778.77 which is being withheld by the Commissioner, to be paid directly to attorney
HOWARD D. OLINSKY. Upon receipt of payment, plaintiff’s counsel shall refund $6,118.47
to Mr. Darr.
DATED this

22

day of April, 2020.

MARK D. CLARKE
United States Magistrate Judge

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