McCubbin v. Commissioner Social Security Administration
ORDER: Granting Motion for Attorney Fees 18 . Signed on 4/25/2021 by Judge Marco A. Hernandez. (jp)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
HERNÁNDEZ, District Judge:
Plaintiff Tim McCubbin brought this action seeking review of the Commissioner's final
decision to deny Supplemental Security Income and Disability Insurance Benefits. On August
27, 2019, pursuant to the parties’ stipulated motion, the Court reversed the Commissioner's
decision and ordered that the case be remanded for additional proceedings. Order, ECF 13.
Judgment was also entered on that date. J., ECF 14. On January 31, 2021, Plaintiff’s counsel
received notice of Plaintiff’s award for benefits. Pl. Mot. Att. 2, ECF 18-2.
1 - ORDER
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Pl. Mot., ECF 18.
Defendant has no objection to the request. Id. The Court has 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), the Court finds the requested fees reasonable.
The Court GRANTS the motion  and awards Plaintiff's counsel $14,603.50 in
attorney’s fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney's fees
in the amount of $6,348.73 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
Upon payment of the § 406(b) fees, Plaintiff’s counsel will refund any EAJA fees received by
counsel to Plaintiff. Any amount withheld after all administrative and court attorney's fees are
paid should be released to the claimant.
IT IS SO ORDERED.
April 25, 2021
Marco A. Hernández
United States District Judge
2 - ORDER
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