Capistrano v. Commissioner Social Security Administration

Filing 36

ORDER: Granting Plaintiff's Unopposed Motion for Attorney Fees 34 . Plaintiff's counsel is awarded $19,514.50 in attorney's fees under 42 U.S.C. § 406(b). Signed on 3/17/22 by Magistrate Judge Jolie A. Russo. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
HEATHER CAPISTRANO,

Case No. 6:16-cv-02295-JR

Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Heather Capistrano brought this action seeking review of the Commissioner’s
final decision denying his application for Supplemental Security Income (“SSI”) under the Social
Security Act. The Court reversed the Commissioner’s decision, remanded the case for further
proceedings, and entered Judgment on May 3, 2018. Upon remand, the Commissioner found
Plaintiff entitled to SSI beginning October 2012.
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 $19,514.50 in attorney’s fees under 42 U.S.C. § 406(b).
Previously, Plaintiff’s counsel received $2,473.15 in attorney fees pursuant to 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 EAJA award received by
Plaintiff’s counsel and send the balance of $17,041.35, less any applicable processing or user
fees prescribed by statute, to Brent Wells, Plaintiff’s attorney 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 17th day of March, 2022.

/s/ Jolie A. Russo
___________________________________
Jolie A. Russo
United States Magistrate Judge
Proposed Order submitted by:
Brent Wells
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-02295-PK
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