Hardin v. Commissioner Social Security Administration

Filing 24

ORDER - Plaintiff's Unopposed Motion for Attorney Fees (ECF 23 ) is GRANTED. Signed on 7/17/2019 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CRAIG F. HARDIN,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:15-cv-02111-SI
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Craig F. Hardin brought this action seeking review of the Commissioner’s final
decision denying his application for Disability Insurance Benefits under the Social Security Act.
Based on the stipulation of the parties, the Court granted a motion to remand the matter for
further administrative proceedings and entered Judgment on October 26, 2016.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not
objected to the request. I have 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 Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby
GRANTED, and Plaintiff’s counsel is awarded $10,956.88 in attorney’s fees under 42 U.S.C. §
406(b). This award represents 25% of Plaintiff’s retroactive benefits. The Court previously
awarded Plaintiff’s counsel fees pursuant to the Equal Access to Justice Act (“EAJA”), 28
U.S.C, § 2412. ECF Dkt. 22. However, those fees were not paid to Plaintiff’s counsel, as they
were garnished to pay Plaintiff’s debt to the Government. Consequently, the requested fees
under § 406(b) are not offset by the previously awarded EAJA fees.
When issuing the § 406(b) check for payment to Plaintiff’s attorney, the Commissioner
is directed to send the full award of $10,956.88, less any applicable processing or user fees
prescribed by statute, to Plaintiff’s attorneys at HARDER, WELLS, BARON & MANNING,
P.C., 474 Willamette Street, Eugene, Oregon 97401. Any amount withheld after all
administrative and court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this ____ day of __________________ 2019.
17th
July

/s/ Michael H. Simon
___________________________________
MICHAEL H. SIMON
United States District Judge
Proposed Order submitted by:
Katherine L. Eitenmiller
HARDER, WELLS, BARON & MANNING, P.C.
474 Willamette Street
Eugene, OR 97401
[phone]
[e-mail]
Of Attorneys for Plaintiff

ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
6:15-cv-02111-SI
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