Lane v. Commissioner Social Security Administration

Filing 29

Order for Fees Pursuant to EAJA. Signed on 2/19/2019 by Judge Marco A. Hernandez. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
CLAYTON L.,1
Plaintiff,
v.

No. 3:17-cv-00778-HZ
ORDER

COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION
Defendant.
HERNÁNDEZ, District Judge:
Plaintiff Clayton L. brought this action seeking review of the Commissioner's final
decision to deny Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI).
In a June 21, 2018 Opinion & Order, I reversed the Commissioner's decision, and ordered that
the case be remanded for immediate payment of benefits. Judgment was also entered on June 21,
2018.

1

In the interest of privacy, this Order only uses the first name and the initial of the last name of
the non-governmental party or parties in this case.
1 - ORDER

Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no
objection to the request. See Def. Resp., ECF 28. 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, 796 (2002), I find the requested fees reasonable.
I grant the motion [27] and award Plaintiff's counsel $12,423.75 in attorney's fees under
42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $1,861.67
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 awarded under EAJA and send Plaintiff’s attorney the balance of $10,562.08,
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.

Dated this

day of _______________, 2019

Marco A. Hernandez
United States District Judge

2 - ORDER