Kilbane v. Commissioner Social Security Administration

Filing 27

ORDER: Granting Plaintiff's Unopposed Motion for Attorney Fees 25 . Signed on 3/13/2018 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
BROOKES. KILBANE,
Plaintiff,
v.
COMMISSIONER,
Social Security Administration,
Defendant.

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Case No. 6:16-cv-00538-MC
ORDER GRANTING PLAINTIFF'S
UNOPPOSED MOTION FOR ATTORNEY
FEES PURSUANT TO 42 U.S.C. § 406(b)

MCSHANE, District Judge:
Plaintiff Brooke Kilbane brought this action seeking review of the Commissioner's final
decision denying her applications for Disability Insurance Benefits and Supplemental Security
Income under the Social Security Act. The Court reversed the Commissioner's decision,
remanded the case for an award of benefits, and entered Judgment on September 7, 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 $14,928.50 in attorney's fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $7 ,945 .27 under the Equal
Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. When issuing the§ 406(b) check for
payment to Plaintiff's attorney, the Commissioner is directed to subtract the amount awarded
under EAJA and send Plaintiffs attorney the balance of $6,983.23, less any applicable
processing or user fees prescribed by statute. Payment of this award shall be paid via check
made payable and mailed 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

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day of

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2018.

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MICHAEL J. MCSHANE
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 PLAINTIFF'S MOTION FOR§ 406(b) FEES
6: 16-cv-00538-MC
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