Choat v. Commissioner Social Security Administration

Filing 28

ORDER: Granting Motion for Attorney Fees 26 . Signed on 12/8/2023 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DEBRA C.,
v.

No. 6:17-CV-00617-HZ
Plaintiff,

ORDER

COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.
HERNÁNDEZ, District Judge:
Plaintiff Debra C. brought this action seeking review of the Commissioner’s final
decision to deny Disability Insurance Benefits. On April 30, 2018, the Court reversed the
Commissioner’s decision and ordered that the case be remanded for additional proceedings.
Order, ECF 19. Judgment was also entered on April 30, 2018. ECF 20. On November 6, 2023,
Plaintiff’s counsel received notice of Plaintiff’s award for benefits. Pl. Mot. Ex. 2, ECF 26-2.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Pl. Mot., ECF 26.
Defendant neither supports nor opposes the request. Def. Resp., ECF 27. The Court has reviewed

1 – ORDER

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), the Court finds the requested
fees reasonable.
The Court GRANTS the motion [26] and awards Plaintiff’s counsel $16,839.00 in
attorney’s fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees
in the amount of $2,314.41 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
Upon payment of the § 406(b) fees, Plaintiff’s counsel will refund any EAJA fees received by
counsel to Plaintiff. Any amount withheld after all administrative and court attorney’s fees are
paid should be released to the claimant.

IT IS SO ORDERED.

DATED: ____________________________.
December 8, 2023

___________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER