Church v. Commissioner Social Security Administration

Filing 35

ORDER. Based on a review of the record and an analysis of the factors in Gisbrecht v. Barnhart, 535 US 789 (2002), plaintiff's Unopposed Motion for Attorney Fees Under 42 USC § 406(b) # 31 is GRANTED in the amount of $9,626.41, which is roughly 21% of the retroactive benefits awarded, minus the Equal Access to Justice Act (EAJA) fees already awarded to plaintiff's attorney ($4,052.66). Signed on 5/4/2016 by Magistrate Judge Youlee Yim You. (pvh)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION
Stephen Earl Church,
Plaintiff,
Case No. 6:14-cv-01373-YY

v.
ORDER
Commissioner Social Security
Administration,
Defendant.

YOU, Magistrate Judge:
Based on a review of the record and an analysis of the factors in Gisbrecht v. Barnhart,
535 US 789 (2002), plaintiff's Unopposed Motion for Attorney Fees Under 42 USC§ 406(b)
[#31] is GRANTED in the amount of $9,626.41, which is roughly 21 % of the retroactive benefits
awarded, minus the Equal Access to Justice Act (EAJA) fees already awarded to plaintiff's
attorney ($4,052.66). Plaintiff's attorney may retain only the larger of the EAJA fees and
§ 406(b) fees. Therefore, when issuing payment of the § 406(b) fees, defendant is directed to
subtract the amount previously paid to plaintiff's attorney pursuant to the EAJA and pay only the
net balance, minus any user fee. Any amount withheld (including the EAJA fee offset) after all
administrative and attorney fees are paid should be released to plaintiff.
DATED May 4, 2016.

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Youleelm You
United States Magistrate Judge

!-ORDER