Gilkey v. Commissioner of Social Security Administration

District Court, D. Oregon

Gilkey v. Commissioner of Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

ALAN R. GILKEY, Case No. 1:18-cv-00470-SB Plaintiff, ORDER V. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.

Plaintiff Alan R. Gilkey brought this action seeking review of the Commissioner's final decision to deny Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). On August 7, 2019, | ordered and adjudged that the case be reversed and remanded for an award of benefits. Plaintiff now seeks an award of fees pursuant to

42 U.S.C. § 406

(b). Defendant has no objection to the request. | have reviewed the record in the case, the motion, and the supporting materials including the award of benefits, the fee agreement with counsel, and the recitation of counsel’s hours and services. Applying the standards set

1 ORDER

by Gisbrecht v. Barnhart,

535 U.S. 789, 796

(2002), | find the requested fees reasonable. | grant the motion [20] and award Plaintiffs counsel $18,471.50 in attorney's fees under

42 U.S.C. § 406

(b). Previously, | awarded Plaintiff attorney’s fees in the amount of $5,942.41 under the Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

. When issuing the section 406(b) check for payment to Plaintiffs attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA and send Plaintiffs attorney the balance of $12,529.09, less any applicable processing fees as allowed by statute. Any amount withheld after all administrative and court attorney’s fees are paid should be released to the claimant. IT IS SO ORDERED.

Dated this lbp day of January, 2020. tle 7. C--— Hor Stacie F,Beckerman U.S. Magistrate Judge

Prepared by: John E. Haapala, Jr. OSB No. 061739 Attorney for Plaintiff

ORDER

Reference

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