Ryan v. Commissioner Social Security Administration
Filing
28
ORDER signed on 01/27/2025 by Judge Mustafa T. Kasubhai: Plaintiff's motion (ECF No. [25) is therefore GRANTED as follows: Plaintiff's counsel is awarded $15,464.75 in attorney's fees under 42 U.S.C. § 406(b). When iss uing the section 406(b) check for payment to Plaintiff's attorney, the Commissioner is directed to subtract the $6,484.62 previously received under EAJA and the $7,083.00 previously received under 42 U.S.C. § 406(a), and send the balance of $1,897.13, less any applicable processing or user fees prescribed by statute, to Plaintiff's attorney, Katherine L. Eitenmiller, at WELLS, MANNING, EITENMILLER & TAYLOR, P.C., from benefits the Social Security Administration has withheld from Plaintiff's past due benefits. Any amount withheld after all administrative and court attorney fees are paid should be released to Plaintiff. (bd)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
JASON R., 1
Case No. 6:22-cv-00363-MTK
Plaintiff,
v.
ORDER
COMMISSIONER, Social Security
Administration,
Defendant.
_________________________________________
KASUBHAI, United States District Judge:
Plaintiff Jason R. 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 further proceedings, and entered Judgment
on February 8, 2023. Upon remand, the Commissioner found Plaintiff entitled to benefits
beginning October 2018.
Plaintiff now seeks an award of fees in the amount of $1,897.13 pursuant to 42 U.S.C.
§ 406(b). Defendant neither supports nor opposes the request for attorney fees, but notes the
amount requested by Plaintiff is the “net” award after subtracting amounts previously received
1
In the interest of privacy, the Court uses only the first name and last name initial of nongovernment parties whose identification could affect Plaintiff’s privacy.
1 – ORDER
by Plaintiff’s counsel, and that the Court is required to assess the reasonableness of the total
award rather than that net amount. The full amount requested by Plaintiff is $15,464.75.
Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court has
reviewed the record in this case and finds that the aggregate amount of requested fees,
$15,464.75, is reasonable.
Plaintiff’s motion (ECF No. 25) is therefore GRANTED as follows: Plaintiff’s counsel is
awarded $15,464.75 in attorney’s fees under 42 U.S.C. § 406(b). When issuing the section
406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed to subtract the
$6,484.62 previously received under EAJA and the $7,083.00 previously received under 42
U.S.C. § 406(a), and send the balance of $1,897.13, less any applicable processing or user fees
prescribed by statute, to Plaintiff’s attorney, Katherine L. Eitenmiller, at WELLS, MANNING,
EITENMILLER & TAYLOR, P.C., from benefits the Social Security Administration has
withheld from Plaintiff’s past due benefits. Any amount withheld after all administrative and
court attorney fees are paid should be released to Plaintiff.
IT IS SO ORDERED.
DATED this 27th day of January 2025.
s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (He / Him)
United States District Judge
2 – ORDER
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