Bruner v. Commissioner Social Security Administration

Filing 29

ORDER GRANTING PLAINTIFF'S MOTION FOR APPROVAL OF ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b). Signed on 4/14/2020 by Magistrate Judge Stacie F. Beckerman. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
SONYA MARIE BRUNER,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:17-cv-01556-SB
ORDER GRANTING PLAINTIFF’S
MOTION FOR APPROVAL OF
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Sonya Marie Bruner brought this action seeking review of the Commissioner’s
final decision denying her application for disability benefits under the Social Security Act.
Based on the stipulation of the parties, the Court reversed the Commissioner’s decision,
remanded the case for further proceedings, and entered Judgment on October 31, 2018.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). 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 $19,796.58 in attorney’s fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $6,766.95 under 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 amounts awarded
for EAJA fees and send the balance of $13,029.63, 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 14th day of April 2020.

___________________________________
STACIE F. BECKERMAN
United States Magistrate 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)
6:17-cv-01556-SB
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