Okamura v. Saul

District Court, D. Guam

Okamura v. Saul

Trial Court Opinion

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7 THE DISTRICT COURT OF GUAM 8

9 ALLYN OKAMURA, CIVIL CASE NO. 20-00031

10 Plaintiff,

11 vs. ORDER

12 KILOLO KIJAKAZI, Commissioner of Social Security. 13 Defendant. 14

15 Before the court is the Petition for Attorney’s Fees Under

42 U.S.C. § 406

(b). See ECF 16 No. 25. After review of the pleadings, the attached supporting documents, and the caselaw on 17 this matter, the court finds the requested attorney fees under § 406(b) to be reasonable. 18 Accordingly, the court GRANTS the Petition. Mr. David B. Goetz, counsel for Plaintiff, is 19 hereby awarded $25,323.50 for attorney fees, which is 25% of the total past-due benefits 20 awarded by Social Security to Plaintiff. 21 In addition, Mr. David B. Goetz shall refund to Plaintiff the amount of $2,290.61, which 22 is the difference between $8,500.00 (the Equal Access to Justice Act award, see ECF No. 22) and 23 $6,209.39 (Plaintiff’s outstanding federal debt and in which the U.S. Treasury deducted the 24 Page 2 of 2 1 amount from the Equal Access to Justice Act award). See Gisbrecht v. Barnhart,

535 U.S. 789

, 2 || 796 (2002) (“the claimant’s attorney must refund to the claimant the amount of the smaller fee.” 3 || (internal brackets and quotation marks omitted)). 4 SO ORDERED. 5 Oa ‘a /s/ Frances M. Tydingco-Gatewood a Chief Judge 6 we, Dated: Jul 25, 2023 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24

Reference

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