Anderson v. Commissioner Social Security Administration
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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