Abel v. Commissioner Social Security Administration

Filing 37

ORDER: Granting Plaintiff's Unopposed Motion for Attorney Fees 34 . Plaintiffs counsel is awarded $22,597.00 in attorney fees under 42 U.S.C. § 406(b). Signed on 8/5/19 by Magistrate Judge Jolie A. Russo. (gm)

Laurie B. Mapes, OSB #841670
[e-mail]
Attorney at Law
PO Box 1241
Scappoose OR 97056
Voice: [phone]
Fax: [phone]
Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

KENNETHA, 1

CaseNo. 3:17-cv-01575-JR

Plaintiff,

v.
ANDREW SAUL,
Commissioner of Social
Security,

ORDERFORATTORNEYFEESUNDER
42 U.S.C. § 406(b)

Defendant.

Plaintiff, Kenneth A., brought this action for review of the Commissioner's final
decision to deny Plaintiffs application for disability insurance benefits under Title II of the
Social Security Act, 42 U.S.C. §§ 401-34. Doc. No. 1. The Court remanded the matter for
immediate payment of benefits. Doc. Nos. 19, 20, 22, 23.
In the interest of privacy, this order uses only the first name and the initial of the last name of
the non-governmental patty or patties in this case. Where applicable, this order uses the same
designation for a non-governmental party's immediate family member.
1

ORDER FOR ATTORNEY FEES UNDER42 U.S.C. § 406(b)- I

Plaintiff now seeks an award of attorney fees under 42 U.S.C. § 406(b). Doc. Nos. 34,
35. Defendant noted no objection to the request. Doc. No. 36. The Court finds that the
requested fees are reasonable.
Plaintiffs motion for attorney fees (Doc. Nos. 34, 35) is granted. Plaintiffs counsel is
awarded $22,597.00 in attorney fees under 42 U.S.C. § 406(b). Earlier, the Comt awarded
Plaintiff attorney fees in the amount of $15,906.72 under the Equal Access to Justice Act, 28
U.S.C. § 2412 ("EAJA"). Doc. No. 33. Therefore, when Defendant issues the Section 406(b)
check for payment to Plaintiffs attorney, Defendant is directed to subtract the amount previously
awarded under EAJA and pay Plaintiffs attorney, Laurie B. Mapes, the balance of $6,690.28,
less any applicable processing or user fees prescribed by statute. The Section 406(b) check
should be mailed to Laurie B. Mapes at P.O. Box 1241, Scappoose OR 97056.
IT IS SO ORDERED.
DATED this

h

day o f ~ , 2019.

United States Magistrate Judge
SUBMITTED BY:

Isl Laurie B. Mapes
Laurie B. Mapes
OSB #841670
[phone]
Attorney for Plaintiff
ON: July 25, 2019

ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b) - 2