Gertsch v. Commissioner Social Security Administration

Filing 27

ORDER: Granting Motion for Attorney Fees 26 . Plaintiff is awarded $13,644.00 in attorney fees under 42 USC §406(b). The Commissioner is directed to subtract the amount previously awarded under EAJA and send plaintiff's attorney, Jamie M. Evans, the balance of $5,505.13, less any applicable processing fee prescribed by law. Signed on 7/22/2020 by Magistrate Judge John V. Acosta. (cw)

Case 3:17-cv-01076-AC

Document 27

Filed 07/22/20

Page 1 of 2

Jamie M. Evans, OSB 117064
Attorney for Plaintiff
Evans & Evans, PC
222 NE Park Plaza Drive, Suite 113
Vancouver, WA 98684
Ph. 503-200-2723;Fx.360-828-8724
[e-mail]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JOHND.E. GERTSCH,

Case No. 3:17-cv-01076-AC
Plaintiff,

v.

ORDER FOR ATTORNEY FEES UNDER
42 U.S.C. § 406(b)

COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
Defendant.

Plaintiff, John D.E. Gertsch, brought this action seeking review of the Commissioner of
the Social Security Administration's final decision denying his application for Supplemental
Security Income under Title XVI of the Social Security Act. The Court remanded the case for
further administrative proceedings. ECF Doc. No. 17. On remand, Plaintiff receive a Fully
Favorable decision, awarding him Supplemental Security Income.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not
objected to the request. The Comi finds the requested fees are reasonable.
Plaintiff's motion [ECF Doc No. 26] is granted, and Plaintiff's counsel is awarded
$13,644.00 in attorney fees under 42 U.S.C. § 406(b). Previously, the Comi awarded Plaintiff
$8,138.87 in fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412.

PLAINTIFF'S 406(b) FEES MOTION - 1

Case 3:17-cv-01076-AC

Document 27

Filed 07/22/20

Page 2 of 2

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, Jamie M. Evans, the balance of $5,505.13, less any applicable processing fee
prescribed by law. The Section 406(b) check should be mailed to Jamie M. Evans, 222 NE Park
Plaza Drive, Suite 113, Vancouver, WA 98684.
IT IS SO ORDERED.ci
DATED this.M

day

JO
.ACOSTA
Unit{~ jtates Magistrate Judge

Proposed Order Submitted on July 20, 2020

Isl Jamie M. Evans
Jamie M. Evans, OSB 117064
Attorney for Plaintiff

PLAINTIFF'S 406(b) FEES MOTION - 2