Larson v. Commissioner Social Security Administration

Filing 24

Opinion and Order re Motion for Attorney Fees under 42 U.S.C. 406(b) 23 . Plaintiffs Motion for Attorney Fees 23 is GRANTED. The agency is directed to issue the § 406(b) fee in the amount of $22,859.75, minus any user fee or ad ministrative fee. Such funds shall be paid to Schneider, Kerr & Robichaux, P.O. Box 14490, Portland, OR 97293. The previously awarded EAJA fee in the amount of $6,146.49 shall be refunded to Plaintiff upon counsel's receipt of the § 406(b) fee awarded. Ordered and Signed on 03/05/2020 by Magistrate Judge Mark D. Clarke. (rsm)

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

TIMOTHY JOE LARSON,
Plaintiff,
OPINION & ORDER

v.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
Defendant.

CLARKE, Magistrate Judge.
This case comes before the Court on Plaintiffs Motion for Attorney Fees (#23).
Plaintiff moves the Court for approval of attorney's fees in the amount of $22,859.75 under 42
U.S.C. § 406(b). This Court previously awarded $6,146.49 in Equal Access to Justice Act
("EAJA") fees.
A fee awarded pursuant to 42 U.S.C. § 406(b) cannot exceed 25% of the retroactive
benefits. Crawford v. Astrue, 586 F.3d 1142, 1147 (9th Cir. 2009). The requested fee, combined
with the $6,000 agency fee presumed, is 25% of the retroactive benefits ($115,439.00) awarded

Page 1 - OPINION & ORDER

to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court
concludes that the requested fee is reasonable.
Therefore, Plaintiffs Motion for Attorney Fees (#23) is GRANTED. The agency is
directed to issue the§ 406(b) fee in the amount of $22,859.75, minus any user fee or
administrative fee. Such funds shall be paid to Schneider, Kerr & Robichaux, P.O. Box 14490,
Portland, OR 97293. The previously awarded EAJA fee in the amount of $6,146.49 shall be
refunded to Plaintiff upon counsel's receipt of the§ 406(b) fee awarded~
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