Larson v. Commissioner Social Security Administration
Larson v. Commissioner Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION
TIMOTHY JOE LARSON, Civ. No. 6:16-cv-00805-CL Plaintiff, OPINION & ORDER v. □ COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, . Defendant.
CLARKE, Magistrate Judge. This case comes before the Court on Plaintiff's Motion for Attorney Fees (#23). Plaintiff moves the Court for approval of attorney’s fees in the amount of $22,859.75 under
42 U.S.C. § 406(b). This Court previously awarded $6,146.49 in Equal Access to Justice Act (“EAJA”) fees. 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 requested fee, combined with the $6,000 agency fee presumed, is 25% of the retroactive benefits ($115,439.00) awarded
1... NPINION & ORDER
to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court concludes that the requested fee is reasonable. Therefore, Plaintiff's Motion for Attorney Fees (#23) is GRANTED. The agency is directed to issue the § 406(b) fee in the amount of $22,859.75, minus any user fee or administrative fee. Such funds shall be paid to Schneider, Kerr & Robichaux, P.O. Box 14490, Portland, OR 97293. The previously awarded EAJA fee in the amount of $6,146.49 shall be refunded to Plaintiff upon counsel’s receipt of the § 406(b) fee awarded, we IT IS SO ORDERED AND DATED thisS_ day ofMarch A aot
LY RK D. CLARKE United States Magistrate Judge
9 MCYDTATICYXAT Cr ODMRCDYD
Reference
- Status
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