Anderson v. Commissioner Social Security Administration

District Court, D. Oregon

Anderson v. Commissioner Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION

GEORGE D. ANDERSON, Civ. No. 6:17-cv-00880-CL . Plaintiff, OPINION & ORDER v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. □

CLARKE, Magistrate Judge. This case comes before the Court on an unopposed motion for attorney fees (#22) under

42 U.S.C. § 406

(b). Plaintiff moves the Court for approval of $10,090.75 in fees, reduced by $6,309.59 Equal Access to Justice Act (“EAJA”) fees, for a total of $3,781.16. A fee awarded pursuant to

42 U.S.C. § 406

(b) cannot exceed 25% of the retroactive benefits. Crawford v. Astrue,

586 F.3d 1142, 1147

(9th Cir. 2009). The sought total attorney fee amount of $10,090.75 is 25% of the retroactive benefits ($40,363.00) awarded to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court concludes that Plaintiffs counsel is entitled to the $10,090.75 in fees requested, minus $6,309.59 EAJA fees, for a total of $3,781.16.

Dace 1 ADINTON & ARDEP

Plaintiffs Motion (#22) is GRANTED. The agency is directed to issue the § 406(b) check directly to Plaintiff's counsel, minus any user fee. Any amount withheld after all administrative and attorney fees are paid should be released directly to Plaintiff. 2 DATED this

MARK D. CLARKE United States Magistrate Judge .

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Reference

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