Hetherington v. Commissioner Social Security Administration

Filing 37

ORDER - Plaintiff's Motion for Attorney Fees (ECF 36 ) is GRANTED. Signed on 10/19/2020 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MARTIN ALAN HETHERINGTON,
Plaintiff,
vs.
COMMISSIONER,
Social Security Administration,

Case No. 6:18-cv-01076-SI
ORDER GRANTING PLAINTIFF’S
UNOPPOSED MOTION FOR
ATTORNEY FEES PURSUANT TO 42
U.S.C. § 406(b)

Defendant.

Plaintiff Martin Alan Hetherington 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 March 27, 2020.
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 $23,917.37, which represents approximately
25% of the total retroactive disability insurance benefits and auxiliary benefits due to Plaintiff for
the period from July 2014 through August 2017, less the EAJA fee 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.

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

___________________________________
/s/ Michael H. Simon
MICHAEL H. SIMON
United States District 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-01076-SI
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