Hilsendager v. Commissioner Social Security Administration

Filing 31

ORDER: Granting Motion for Attorney Fees 30 . Signed on 7/25/2016 by Magistrate Judge Youlee Yim You. (pvh)

UNITED STATES DISTRICT COURT
DISTRICT 01? OREGON
EUGENE DIVISION
.JEFFRY A. HILSENDAGER,

Plaintiff,
Case No. 6:14-cv-01955-YY
v.
ORDER
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION

Defendant.

YOU, Magistrate .Judge:

Based on a review of the record and an analysis of the factors in Gisbrecht v. Bamhart,
535 US 789 (2002), Plaintifi's Unopposed Motion for Attorney Fees Under 42 USC§ 406(b)
[#30] is GRANTED in the amount of$17,473.39, which is 25% of the retroactive benefits
awarded minus the Equal Access to Justice Act (EAJA) fees already awarded to plaintifi's
attorney ($4,319.01). Therefore, when issuing payment of the§ 406(b) fees, defendant is
directed to subtract the amount previously paid to plaintiffs 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 July 25, 2016.

\_ //~~/tr c_1___
Youlee im YOU
United States Magistrate Judge

I-ORDER