Sowden v. Commissioner Social Security Administration

Filing 29

OPINION AND ORDER: Plaintiff's Motion 28 is GRANTED. The agency is directed to issue § 406(b) check directly to plaintiff's counsel, minus any user fee. Any amount withheld after all administrative and attorney fees are paid should be released directly to Plaintiff. Please access entire text by document number hyperlink. Signed on 10/28/2019 by Magistrate Judge Mark D. Clarke. (rsm) Modified on 10/29/2019 (rsm) to add Opinion. Modified on 10/29/2019 (rsm) to correct filing date. Docket entry regenerated to the parties.

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

Civ. No. 3:16-cv-02310-CL

JEFF SOWDEN,
Plaintiff,

OPINION & ORDER
V.

COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
Defendant.

CLARKE, Magistrate Judge.
This case comes before the Court on an unopposed motion for attorney fees (#28) under
42 U.S.C. § 406(b). Plaintiff moves the Court for approval of $9,575.51 in fees, reduced by
$4,383.98 Equal Access to Justice Act ("EAJA") fees already awarded, for a total of $5,191.53.
A fee awarded pursuant to 42 U.S.C. § 406(b) cannot exceed 25% of the retroactive benefits.

Crawfordv. Astrue, 586 F.3d 1142, 1147 (9th Cir. 2009). The fee being requested, combined
with the $6,000 agency fee already awarded, is 25% of the retroactive benefits ($62,302.04)
awarded to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court

Page I - OPINION & ORDER

concludes that Plaintiffs counsel is entitled to the $9,575.51 in fees requested, minus $4,383.98
EAJA fees, for a total of $5,191.53.
Plaintiffs Motion (#28) is GRANTED. The agency is directed to issue the§ 406(b) check
directly to Plaintiffs counsel, minus any user fee. Any amount withheld after all administrative
and attorney fees are paid should be released directly to Plaintiff.
IT IS SO ORDERED AND DATED t h i s ~ day of

United States Magistrate Judge

Page 2 - OPINION & ORDER