Gartner v. Commissioner Social Security Administration

Filing 23

ORDER - Plaintiff's Unopposed Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b) (ECF 22 ) is GRANTED. Signed on 1/3/2019 by Judge Michael H. Simon. (mja)

WILBORN LAW OFFICE, P.C.
TIM WILBORN, Attorney at Law — OSB # 944644
[e-mail]
P.O. Box 370578
Las Vegas, NV 89137
Voice: [phone]
Fax: [phone]
Attorney for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

PENNY GARTNER,

Case No. 6:16-cv-01505-SI

Plaintiff,
ORDER

vs.
COMMISSIONER of Social Security,
Defendant.

Attorneys’ fees in the amount of $12,051.00 are hereby awarded to Attorney Tim Wilborn
pursuant to 42 U.S.C. § 406(b). Previously, this court awarded fees pursuant to the Equal Access
To Justice Act (EAJA), 28 U.S.C. § 2412. 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, Tim Wilborn, at the address above, the balance of $6,307.40, minus any user fee. Any
amount withheld after all administrative and court attorneys fees are paid should be released to the
claimant.
DATED this 3rd day of January, 2019.
__/s/ Michael H. Simon
United States District Court Judge
Presented by:
s/ Tim Wilborn, OSB # 944644
[phone]
Attorney for Plaintiff
ORDER - Page 1