Mowdy v. Commissioner Social Security Administration

Filing 26

ORDER. Signed on 6/11/2020 by Magistrate Judge Youlee Yim You. (pvh)

Max Rae
OSB No. 813448
[e-mail]
P.O. Box 7790
Salem, OR 97303
[phone]
Fax: [phone]
Attorney for Plaintiff, Johnny R. Mowdy

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

JOHNNY R. MOWDY,

Plaintiff,

6:16-cv-00842-YY

v.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.

ORDER

Attorney’s fees in the amount of $25,556.75 are hereby awarded to Plaintiff’s attorney
pursuant to 42 U.S.C. § 406(b). The court finds this is a reasonable fee.
Previously, this court awarded fees pursuant to the Equal Access To Justice Act (EAJA),
28 U.S.C. § 2412. For work performed herein, Plaintiff was awarded Equal Access To Justice
Act attorney’s fees, in the amount of $8,271.47. (Docket # 24). However, the U.S. Treasury
applied $1,973 of that award to Plaintiff’s child support debt. Plaintiff’s attorney received the
net: $6,298.47. In a prior federal court case, Plaintiff’s attorney received $3,371.03 in EAJA
fees. (Case no. 6:10-cv-06063-HO Docket #21, March 23, 2011). In combination, Plaintiff’s
attorney received $9,669.50 in EAJA attorney fees.
When issuing the § 406(b) check, the agency is directed to subtract the amount of the
EAJA fee previously received by the attorney and to send to Plaintiff’s attorney, Max Rae, at the
ORDER – MOWDY v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, 6:16-cv00842-YY

address above, the balance of $15,887.25, minus any user fee. Any amount withheld after all
administrative and court attorneys fees are paid should be released to the claimant.

June
11th
DATED this ____ day of ________________, 2020.

__________________________________________
/s/ Youlee Yim You
Youlee Yim You
United States Magistrate Judge
Presented by:

Max Rae, OSB 813448
[phone]
Attorney for Plaintiff, Johnny R. Mowdy

ORDER – MOWDY v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, 6:16-cv00842-YY