Banks v. Commssioner Social Security Administration

Filing 24

ORDER: Granting Plaintiff's Unopposed Motion for Attorney Fees 23 . Signed on 3/22/2019 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ROBIN G. BANKS,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:16-cv-02325-MC
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Robin G. Banks brought this action seeking review of the Commissioner’s final
decision denying his application for Supplemental Security Income under the Social Security
Act. The Court reversed the Commissioner’s decision, remanded the case for further
proceedings, and entered Judgment on January 4, 2018.
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 Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby
GRANTED, and Plaintiff’s counsel is awarded $2,649.30 in attorney’s fees under 42 U.S.C. §
406(b). This award represents 25% of Plaintiff’s retroactive benefits, less the administrative fee
of $6,000.00. When issuing the § 406(b) check for payment to Plaintiff’s attorney, the
Commissioner is directed to send the full award of $2,649.30, 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.

March
22nd
IT IS SO ORDERED this ____ day of __________________ 2019.

s/Michael J. McShane
___________________________________
MICHAEL J. McSHANE
United States District 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-02325-MC
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