Jaschek v. Commissioner Social Security Administration

Filing 25

ORDER: Granting Motion for Attorney Fees 24 . Signed on 1/9/2020 by Judge Marco A. Hernandez. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

KATHARINE J.,
Plaintiff,
v.

No. 6:18:cv-00662-HZ
ORDER

COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,
Defendant.
Plaintiff Katharine J. brought this action seeking review of the Commissioner’s final
decision to deny Disability Insurance Benefits (DIB). On August 27, 2019, the Court ordered
that the case be reversed and remanded for the immediate payment of benefits. Judgment was
also entered on August 27, 2019. On November 19, 2019, Plaintiff’s counsel received notice of
Plaintiff’s award for benefits. Pl. Mot. Ex. 1, ECF 24-1.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Pl. Mot., ECF 24.
Defendant has no objection to the request. The Court has reviewed the record in the case, the
motion, and the supporting materials including the award of benefits, the fee agreement with

1 - ORDER

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 the requested fees reasonable.
The Court grants the motion [24] and awards Plaintiff's counsel $19,775.75 in attorney's
fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney's fees in the
amount of $8,101.31 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. When
issuing the section 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed
to subtract the amount previously awarded under EAJA and send Plaintiff’s attorney the balance
of $11,674.44, less any applicable processing fees as allowed by statute. Any amount withheld
after all administrative and court attorney's fees are paid should be released to the claimant.
IT IS SO ORDERED.

January 9, 2020
Dated ________________________________

Marco A. Hernández
United States District Judge

2 - ORDER