Kennedy v. Commissioner Social Security Administration
Filing
23
ORDER - I grant the motion 22 and award Plaintiff's counsel $26,618.25 in attorney's fees under 42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $6,357.94 under the Equal Acc ess to Justice Act (EAJA), 28 U.S.C. § 2412. When issuing the section 406(b) check for payment to Plaintiffs attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA and send Plaintiffs attorney the balance of $20,260.31, 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. Signed on 12/19/2018 by Judge Marco A. Hernandez. (mja)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MARK J. KENNEDY,
No. 6:17-cv-00988-HZ
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
ORDER
Defendant.
Plaintiff Mark Kennedy brought this action seeking review of the Commissioner's final
decision to deny disability child's insurance benefits. In a June 6, 2018 Opinion & Order, I
reversed the Commissioner's decision, and ordered that the case be remanded for a determination
of benefits. Judgment was entered on June 6, 2018.
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,
1 - ORDER
796 (2002), I find the requested fees reasonable.
I grant the motion [#22] and award Plaintiff's counsel $26,618.25 in attorney's fees under
42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $6,357.94
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 $20,260.31,
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
Marco A. Hernandez
United States District Judge
2 - ORDER
, 2018.
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