Meyer v. Commissioner Social Security Administration

Filing 30

ORDER: Granting Plaintiff's Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) (ECF No. 29 ). Signed on 6/16/2020 by Magistrate Judge Stacie F. Beckerman. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LARA NICOLE MEYER,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:18-cv-00880-SB
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Lara Nicole Meyer brought this action seeking review of the Commissioner’s
final decision denying her application for Supplemental Security Income under the Social
Security Act. The Court reversed the Commissioner’s decision, remanded the case for an award
of benefits, and entered Judgment on November 15, 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 Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby
GRANTED, and Plaintiff’s counsel is awarded $22,144.65 in attorney’s fees under 42 U.S.C. §
406(b). Previously, the Court awarded Plaintiff attorney fees in the amount of $12,005.25 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 amount awarded
for EAJA and send the balance of $10,139.40, 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.

16th
June
IT IS SO ORDERED this ____ day of __________________ 2020.

___________________________________
STACIE F. BECKERMAN
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-00880-SB
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