Fitzhugh v. Commissioner Social Security Administration

Filing 27

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b). Signed on 10/19/2020 by Magistrate Judge Youlee Yim You. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EMILY DOVE FITZHUGH,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:18-cv-00620-YY
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Emily Dove Fitzhugh brought this action seeking review of the Commissioner’s
final decision denying his application for disability benefits under the Social Security Act. The
Court reversed the Commissioner’s decision, remanded the case for an award of benefits, and
entered Judgment on September 30, 2019.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). The parties have
conferred and, after giving substantive consideration to the merits of Plaintiff’s request for
406(b) fees, the Commissioner found no basis to object. 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 as follows: Katherine L. Eitenmiller is allowed an attorney’s fee under the Social
Security Act, 42 U.S.C. § 406(b), in the amount of $10,476.80, which represents 25% of
Plaintiff’s total unpaid retroactive disability benefits in the amount of $14,418.25, less the EAJA
fee of $3,941.45 previously received by Plaintiff’s attorneys. Any fees withheld by the
Commissioner in anticipation of an order under Section 406(b), less an administrative
assessment pursuant to 42 U.S.C. 406(d), may be paid to Plaintiff’s attorneys at HARDER,
WELLS, BARON & MANNING, P.C., 474 Willamette Street, Eugene, Oregon 97401,
consistent with this order. Any amount withheld after all administrative and court attorney fees
are paid should be released to the claimant.

19th
October
IT IS SO ORDERED this ____ day of __________________ 2020.

/s/ Youlee Yim You
___________________________________
YOULEE YIM YOU
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)
6:18-cv-00620-YY
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