Simington v. Commissioner Social Security Administration
Filing
22
ORDER: Granting Unopposed Motion for Attorney Fees 19 . Signed on 4/6/2018 by Judge Ann L. Aiken. (ck)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ASHLEY NICOLE SIMINGTON,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
Case No. 6:16-cv-01381-AA
ORDER GRANTING PLAINTIFF'S
UNOPPOSED MOTION FOR ATTORNEY
FEES PURSUANT TO 42 U.S.C. § 406(b)
AIKEN, District Judge:
Plaintiff Ashley Simington brought this action seeking review of the Commissioner's
final decision denying her applications for Disability Insurance Benefits under the Social
Security Act. The Court reversed the Commissioner's decision, remanded the case for an award
of benefits, and entered Judgment on July 25, 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 $26,734.35 in attorney's fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $8,IOl .54 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 Plaintiff's attorney the balance of$18,632.81, 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.
ITIS
so ORDERED this (o-l'h day of_~A_,_,?~r~i~\_ _ _ 2018.
ANN AIKEN
United States District Judge
Proposed Order submitted by:
Katherine L. Eitenmiller
HARDER, WELLS, BARON & MANNING, P.C.
474 Willamette Street
Eugeue, OR 97401
(541) 686-1969
keitenmiller@hwbm.net
Of Attorneys for Plaintiff
ORDER GRANTING PLAINTIFF'S MOTION FOR§ 406(b) FEES
6: 16-cv-01381-AA
Page 2 of2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?