Bailey v. Commissioner Social Security Administration

Filing 29

ORDER: Granting Plaintiff's Unopposed Motion for Attorney Fees 28 . Plaintiff's counsel is awarded $20,596.72 in attorney's fees under 42 U.S.C. § 406(b). Signed on 1/6/20 by Magistrate Judge Jolie A. Russo. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DEBBIE ANN BAILEY,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6: 16-cv-O 1356-JR
ORDER GRANTING PLAINTIFF'S
MOTION FOR APPROVAL OF
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Debbie Ann Bailey brought this action seeking review of the Commissioner's
final decision denying her application for Disability Insurance Benefits under the Social Security
Act. Based on stipulation of the parties, the Court remanded the matter to the agency for further
administrative proceedings and entered Judgment on July 26, 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 $20,596.72 in attorney's fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $5,350.08 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 for
EAJA and send the balance of $15,246.64, 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.

IT IS

so ORDERED this .k._ day of Sw\Jt.~

y

2020.

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-01356-JR
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