Beyerlin v. Commissioner Social Security Administration

Filing 37

ORDER - The Court GRANTS Plaintiff's Unopposed Supplemental Motion for Attorney Fees, ECF 36 . Signed on 7/5/2022 by Judge Michael H. Simon. (mja)

Case 6:15-cv-01434-SI

Document 37

Filed 07/05/22

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
BRANDON T. BEYERLIN,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:15-cv-01434-SI
ORDER GRANTING PLAINTIFF’S
UNOPPOSED SUPPLEMENTAL
MOTION FOR ATTORNEY FEES
PURSUANT TO 42 U.S.C. § 406(b)

Defendant.

Plaintiff Brandon T. Beyerlin brought this action seeking review of the Commissioner’s
final decision denying his application for disability benefits under the Social Security Act.
Pursuant to a Mandate remanding the case for further administrative proceedings issued by the
U.S. Court of Appeals for the Ninth Circuit, the Commissioner issued a Notice finding Plaintiff
entitled to benefits beginning July 2014. Based on this Notice, the Court previously awarded
Plaintiff’s counsel $15,190.94 in attorney fees pursuant to 42 U.S.C. § 406(b), representing a
gross fee award of 25% of Plaintiff’s retroactive benefits in the amount of $25,921.60, less the
$10,730.66 EAJA fees previously received by Plaintiff’s counsel.
In May 2022, the Commissioner issued a subsequent Notice finding that Plaintiff became
entitled to benefits beginning January 2013. Based on this Notice, Plaintiff now seeks a

Case 6:15-cv-01434-SI

Document 37

Filed 07/05/22

Page 2 of 2

supplemental award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not objected to the
request. The Court has reviewed the record in this 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 that the requested fees are reasonable.
Plaintiff’s Supplemental Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is
hereby GRANTED, and Plaintiff’s counsel is awarded $6,563.00 in attorney fees from Plaintiff’s
past-due benefits under 42 U.S.C. § 406(b). When issuing the § 406(b) check for payment to
Plaintiff’s attorney, the Commissioner is directed to send the full award of $6,563.00, less any
applicable processing or user fees prescribed by statute, to Plaintiff’s attorneys at WELLS,
MANNING, EITENMILLER & TAYLOR, P.C.,1 474 Willamette Street, Eugene, Oregon 97401
or the address on file with the Commissioner. Any amount withheld after all administrative and
court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this ____
2022.
July
5th day of __________________

___________________________________
MICHAEL H. SIMON
United States District Judge
Proposed Order submitted by:
Mark A. Manning
WELLS, MANNING, EITENMILLER & TAYLOR, P.C.
474 Willamette Street
Eugene, OR 97401
[phone]
[e-mail]
Of Attorneys for Plaintiff
1

Formerly known as HARDER, WELLS, BARON & MANNING, P.C.

ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
6:15-cv-01434-SI
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