Gaggia v Commissioner Social Security Administration
ORDER: Granting Motion for Attorney Fees 24 . Signed on 5/12/2017 by Judge Marco A. Hernandez. (jp)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
COMMISSIONER OF SOCIAL SECURITY,
Plaintiff Michael Gaggia brought this action seeking review of the Commissioner's final
decision to deny disability insurance benefits (DIB). In a May 9, 2015 Opinion & Order, I
reversed the Commissioner's decision, and ordered that the case be reversed and remanded for
additional proceedings. Judgment was entered on May 11, 2015. Upon remand, Plaintiff was
awarded disability benefits.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no
objection to the request. 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
1 - ORDER
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 [#24] and award Plaintiff's counsel $31,159.75 in attorney's fees under
42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $9,165.51
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 $21,994.24,
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.
Marco A. Hernandez
United States District Judge
2 - ORDER
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