Kudearoff v. Commissioner Social Security Administration
Filing
29
ORDER signed on 3/24/2020 by Magistrate Judge Mustafa T. Kasubhai granting Motion for Attorney Fees 28 . (jk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ALEX S. KUDEAROFF,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,
Case No. 6:17-cv-01661-MK
ORDER GRANTING PLAINTIFF’S
MOTION FOR APPROVAL OF
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)
Defendant.
Plaintiff Alex S. Kudearoff 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 March 5, 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 Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED,
and Plaintiff’s counsel is awarded $16,842.68 in attorney’s fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $6,771.74 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 fee and send the balance of $10,070.94, 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 24th day of March 2020.
s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI
United States Magistrate Judge
Proposed Order submitted by:
Katherine L. Eitenmiller
HARDER, WELLS, BARON & MANNING, P.C.
474 Willamette Street
Eugene, OR 97401
(541) 686-1969
keitenmiller@hwbm.net
Of Attorneys for Plaintiff
ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
6:17-cv-01661-MK
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