Cowdrey v. Commissioner Social Security Administration

Filing 23

ORDER: Granting Motion for Attorney Fees 22 . Plaintiff's counsel is awarded $16,341.80 in attorney's fees under 42:406(b). (See attached PDF for complete details). Signed on 6/19/2020 by Magistrate Judge Mark D. Clarke. (jkm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
SHANNAN ELAINE COWDREY,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:18-cv-00625-CL
ORDER GRANTING PLAINTIFF’S
MOTION FOR APPROVAL OF
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Shannan Elaine Cowdrey brought this action seeking review of the
Commissioner’s final decision denying her 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 December 3, 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 $16,341.80 in attorney’s fees under 42 U.S.C. § 406(b). This
award represents 25% of Plaintiff’s unpaid retroactive benefits and auxiliary benefits, adjusted to
account for the actual amounts withheld by the agency. When issuing the § 406(b) check for
payment to Plaintiff’s attorneys, the Commissioner is directed to send the full award of
$16,341.80, 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.

19

June

IT IS SO ORDERED this ____ day of __________________ 2020.

___________________________________
MARK D. CLARKE
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-00625-CL
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