Rolfe v. Commissioner Social Security Administration

Filing 32

ORDER: Granting Plaintiff's Motion for Attorney Fees 31 . Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED, and Plaintiff's counsel is awarded $13,910.10 in attorney's fees under 42 U.S.C. § 406(b). See Order for further details. Signed on 11/18/2019 by Magistrate Judge John Jelderks. (jtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
GREGGORY A. ROLFE,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:16-cv-00096-JE
ORDER GRANTING PLAINTIFF’S
MOTION FOR APPROVAL OF
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Greggory A. Rolfe brought this action seeking review of the Commissioner’s
final decision denying his application for Disability Insurance Benefits under the Social Security
Act. The Court reversed the Commissioner’s decision, remanded the case for further
proceedings, and entered Judgment on November 21, 2017.
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 Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED,
and Plaintiff’s counsel is awarded $13,910.10 in attorney’s fees under 42 U.S.C. § 406(b). This
award represents 25% of Plaintiff’s unpaid retroactive benefits and auxiliary benefits, less the
administrative fee previously received by Plaintiff’s attorney. When issuing the § 406(b) check
for payment to Plaintiff’s attorney, the Commissioner is directed to send the full award of
$13,910.10, 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.
November
18th
IT IS SO ORDERED this ____ day of __________________ 2019.

/s/ John Jelderks
___________________________________
JOHN JELDERKS
United States Magistrate 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)
6:16-cv-00096-JE
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