Egoroff v. Commissioner Social Security Administration

Filing 29

ORDER: GRANTING Plaintiff's Unopposed Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b) 28 . Signed on 1/27/2021 by United States Magistrate Judge John V. Acosta. (pjg)

Case 6:18-cv-01059-AC

Document 29

Filed 01/27/21

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CRYSTAL ALYSE EGOROFF,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:18-cv-01059-AC
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Crystal Alyse Egoroff 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 the limited purpose of
determining the onset of disability, and entered Judgment on May 14, 2020.
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.

Case 6:18-cv-01059-AC

Document 29

Filed 01/27/21

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Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED,
and Plaintiff’s counsel is awarded $18,661.50 in attorney’s fees under 42 U.S.C. § 406(b).
Previously, the Court awarded Plaintiff attorney fees in the amount of $7,709.07 under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. If the Commissioner has withheld funds to
satisfy fees under section § 406(b), 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 from the withheld funds, up to $10,952.43 and less any applicable processing or user
fees prescribed by statute, to Plaintiff’s attorney, Katherine L. Eitenmiller, 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.

IT IS SO ORDERED this 27th day of January, 2021.

___________________________________
JOHN V. ACOSTA
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-01059-AC
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