Ferguson v. Commissioner Social Security Administration

Filing 27

ORDER: Granting Unopposed Motion for Attorney Fees (ECF No. 26 ). Signed on 8/20/2019 by Magistrate Judge Stacie F. Beckerman. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GERALD LEE FERGUSON,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6: 17-cv-01341-SB
ORDER GRANTING PLAINTIFF'S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Gerald Lee Ferguson 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 17, 2019.
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 $13,771.95 in attorney's fees under 42 U.S.C. §
406(b) . This award represents 25% of Plaintiff's retroactive disability benefits, less the EAJA
fee of $7,183.80 previously received by Plaintiff's counsel. When issuing the§ 406(b) check for
payment to Plaintiff's attorney , the Commissioner is directed to send the full award of
$13,771 .95, 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.

IT IS SO ORDERED this

)O~day of _~ J-+--_f____ 2019.
---1--'-' wl

S~F.B4rman
United States Magistrate Judge

Proposed Order submitted by:
Katherine L . Eitenrniller
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: l 7-cv-01341 -SB
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