Newby v. Commissioner Social Security Administration

Filing 47

ORDER: Granting Unopposed Motion for Attorney Fees 45 . Signed on 7/31/2018 by Judge Michael J. McShane. (cp)

Nancy J. Meserow, OSB# 820895
njm@)meserolaw.com
Law Office of Nancy J. Meserow
7540 S.W. 51 51 Ave.
Portland, Oregon 97219
Ph. 503-560-6788 Fax [phone]
Plaintiffs Attorney
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

RYAN J. NEWBY

CV# 6:15-CV-02317-MC
Plaintiff,
ORDER FOR ATTORNEY FEES
UNDER 42 U.S.C § 406(B)

v.
COMMISSIONER SOCIAL SECURITY
ADMINISTRATION,
Defendant.

Pursuant to U.S.C. § 406(b), reasonable fees in the amount of $13,281.75 are hereby
awarded to Plaintiffs attorney, Nancy J. Meserow. Previously this Court awarded Plaintiff
EAJA fees of $14,122.54, and supplemental EAJA fees in the amount of $2,576.74, to be paid by
the government, and not out ofNewby's benefits. However, as a result of federal debts
previously owed by Plaintiff, the Treasury Offset Program applied $6,967.71 of the EAJA fees
awarded to Plaintiffs upaid federal debts. When issuing the 406(b) fee check to Ms. Meserow,
the Agency is therefore directed to subtract the amount actually paid as EAJA fees, which totals
$9,740.57, and send to Ms. Meserow the balance remaining of the $13,281.75 attorney fees
hereby ordered, by check payable to Ms. Meserow in the amount of $3,541.18. Any withheld

amount then remaining from Plaintiffs awarded benefits should be released to Plaintiff by
Defendant as soon as practicable.
"2IT IS SO ORDERED this _ _ _.___I_ _ day of ~ tA \. '-)

'2018.

Michael McShane, U.S. DISTRICT JUDGE