Nichols v. Commissioner Social Security Administration
Filing
33
ORDER: Granting Motion for Attorney Fees 32 . Signed on 05/24/18 by Judge Marco A. Hernandez. (rs)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JAMES NICHOLS,
Plaintiff,
v.
No. 6:16-CV-01816-HZ
ORDER
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.
Plaintiff James Nichols brought this action seeking review of the Commissioner's final
decision to deny Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI).
On October 11, 2017, I adopted the parties’ Stipulated Motion to Remand to Agency and ordered
that the case be reversed and remanded for an immediate calculation of benefits with an amended
onset date of December 1, 2014. Judgement was entered on October 11, 2017. On April 19,
2018, Plaintiff’s counsel received notice of Plaintiff’s award for benefits. Pl. Mot. Ex. 5, ECF
32-5.
1 - ORDER
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no
objection to the request. I have reviewed the record in the 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), I find the requested fees reasonable.
I grant the motion [32] and award Plaintiff's counsel $8,615.23 in attorney's fees under 42
U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $4,732.22 under
the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. When issuing the section 406(b)
check for payment to Plaintiff’s attorney, the Commissioner is directed to subtract the amount
previously awarded under EAJA and send Plaintiff’s attorney the balance of $3,883.01, less any
applicable processing fees as allowed by statute. Any amount withheld after all administrative
and court attorney's fees are paid should be released to the claimant.
IT IS SO ORDERED.
Dated this
day of May, 2018
Marco A. Hernandez
United States District Judge
2 - ORDER
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