Blatnik v. Commissioner Social Security Administration

Filing 23

ORDER: Granting Unopposed Motion for Attorney Fees Under 42 U.S.C. Sec. 406(b) (ECF No. 22 ). Signed on 7/31/2019 by Magistrate Judge Stacie F. Beckerman. (gw)

Jamie M. Evans, OSB 117064
[e-mail]
Evans & Evans PC
222 NE Park Plaza Drive, Suite 113
Vancouver, WA 98684
Phone: [phone]; Fax: [phone]
Attorney for Plaintiff, Todd M. Blatnik

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
TODD B.,1

Case No. 3:17-cv-01337-SB
Plaintiff,

v.

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

COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.
__________________________________________
Plaintiff, Todd B., brought this action seeking review of the Commissioner’s final
decision denying his application for Disability Insurance Benefits under the Social Security Act.
The Court remanded the case for additional de novo proceedings (ECF Nos. 17, 18). On
remand, the Administrative Law Judge issued Plaintiff a fully favorable decision, awarding
Plaintiff Disability Insurance Benefits.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not
objected to the request. The Court finds the requested fees are reasonable.
1

In the interest of privacy, this order uses only the first name and the initial of the last name of
the non-governmental party or parties in this case. Where applicable, this order uses the same
designation for a non-governmental party's immediate family member.
Order for Attorney Fees - 1

Plaintiff’s motion (ECF No. 22) is granted, and Plaintiff’s counsel is awarded
$37,632.37 in attorney’s fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff
attorney’s fees in the amount of $7,863.39 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, Jamie M. Evans the balance of $29,768.98, less any applicable processing or
user fees prescribed by statute. 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.
31
July
DATED this ____ day of _________, 2019.
_____________________________________
STACIE F. BECKERMAN
United States Magistrate Judge

Order for Attorney Fees - 2