Breithaupt v. Commissioner Social Security Administration

Filing 21

ORDER: Granting Motion for Attorney Fees 20 . Signed on 7/22/2019 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

RICHARD G. BREITHAUPT,
Plaintiff,
v.

No. 6:16-cv-00411-HZ
ORDER

COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.
HERNÁNDEZ, District Judge:
Plaintiff Richard G. Breithaupt brought this action seeking review of the Commissioner's
final decision to deny Disability Insurance Benefits. On November 1, 2016, pursuant to the
parties’ stipulated motion, the Court reversed the Commissioner's decision and ordered that the
case be remanded for additional proceedings. Judgment was entered on January 19, 2017.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Pl. Mot., ECF 20.
Defendant has no objection to the request. Id. The Court has reviewed the record in the case, the
motion, and the supporting materials including the award of benefits, the fee agreement with

1 - ORDER

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 the requested fees reasonable.
The Court grants the motion [20] and awards Plaintiff's counsel $8,406.00 in attorney's
fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney's fees in the
amount of $6,435.51 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. When
issuing the section 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed
to subtract the amount previously awarded under EAJA and send Plaintiff’s attorney the balance
of $1,970.49 less any applicable processing fees as allowed by statute. Any amount withheld
after all administrative and court attorney's fees are paid should be released to the claimant.
IT IS SO ORDERED.

Dated this

day of _______________, 2019

Marco A. Hernandez
United States District Judge

2 - ORDER