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

JEFF SOWDEN, Civ. No. 3:16-cv-02310-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 (#28) under

(b). Plaintiff moves the Court for approval of $9,575.51 in fees, reduced by. $4,383.98 Equal Access to Justice Act (“EAJA”) fees already awarded, for a total of $5,191.53. A fee awarded pursuant to

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

(9th Cir. 2009). The fee being requested, combined with the $6,000 agency fee already awarded, is 25% of the retroactive benefits ($62,302.04) awarded to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court

Pace 1. OPTNION & ORDER

concludes that Plaintiffs counsel is entitled to the $9,575.51 in fees requested, minus $4,383.98 EAJA fees, for a total of $5,191.53. Plaintiffs Motion (#28) 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. IT IS SO ORDERED AND DATED this 2 day of Qutober, 20457

MARK D. CLA United States Magistrate Judge

Dace 9 _ODTINTON 2 ORDER