Scroggins v. Commissioner Social Security Administration

Filing 30

ORDER: Granting Amended Motions for Attorney Fees 29 and Motion for Attorney Fees 28 . Signed on 8/11/2017 by Judge Michael J. McShane. (cp)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

Jessi Scroggins,

Civil No. 6:15-CV-01338-MC

Plaintiff,
v.

ORDER

Commissioner of Social Security,
Defendant.

Following an award of benefits by the Administrative Law Judge after a stipulated
remand from this Court, Plaintiff filed an unopposed motion for approval of attorneys fees under
42 U.S.C. § 406(b) in the amount of $9,629.63. ECF No. 29. Subtracted from that amount is
$4,918.13 in previously paid EAJA fees, for an actual payment request of $4,711.50. The court
may award a reasonable fee up to 25% of the retroactive benefits. 42 U.S.C. § 406(b). The court
finds that the fee is reasonable as it is based on the contractual fee agreement labeled Exhibit 3
and the fee constitutes roughly 22.5% of the $42,846.00 in retroactive benefits. The Court
therefore awards the requested attorneys fees. Plaintiff’s motion, ECF No. 29, is GRANTED.

IT IS SO ORDERED this 11th day of August, 2017.

______/s/ Michael McShane________
UNITED STATES DISTRICT JUDGE

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ORDER