Clowson v. Commissioner Social Security Administration

Filing 30

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b). Signed on 6/27/2022 by Magistrate Judge Youlee Yim You. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
SHANNON D. CLOWSON,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:18-cv-00226-YY
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Shannon D. Clowson brought this action seeking review of the Commissioner’s
final decision denying his application for disability benefits under the Social Security Act.
Based on the stipulation of the parties, the Court reversed the Commissioner’s decision and
remanded the case for further proceedings. The Commissioner subsequently found Plaintiff
entitled to disability benefits beginning October 2014.
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 $14,502.75 in attorney’s fees under 42 U.S.C. § 406(b). When
issuing the § 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed to
send the full award of $14,502.75, less any applicable processing or user fees prescribed by
statute, to Plaintiff’s attorneys at WELLS, MANNING, EITENMILLER & TAYLOR, P.C.,1 474
Willamette Street, Eugene, Oregon 97401. Any amount withheld after all administrative and
court attorney fees are paid should be released to the claimant.

27th day of __________________
June
IT IS SO ORDERED this ____
2022.

/s/ Youlee Yim You
___________________________________
YOULEE YIM YOU
United States Magistrate Judge
Proposed Order submitted by:
Katherine L. Eitenmiller
WELLS, MANNING, EITENMILLER & TAYLOR, P.C.
474 Willamette Street
Eugene, OR 97401
[phone]
[e-mail]
Of Attorneys for Plaintiff

1

Formerly known as HARDER, WELLS, BARON & MANNING, P.C.

ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b)
6:18-cv-00226-YY
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