Correia v. Commissioner of Social Security Administration

District Court, D. Oregon

Correia v. Commissioner of Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

GREGORY C.1, No. 3:18-cv-00971-HZ

Plaintiff, ORDER

v.

COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,

Defendant.

HERNÁNDEZ, District Judge: Plaintiff Gregory C. brought this action seeking review of the Commissioner’s final decision to deny disability insurance benefits. In a November 15, 2019 Opinion & Order, the

1 In the interest of privacy, this Order uses only the first name and the initial of the last name of the non-governmental party in this case. Court reversed the Commissioner’s decision, and ordered that the case be remanded for a determination of benefits. Judgment was also entered on November 15, 2019. Plaintiff now seeks an award of fees pursuant to

42 U.S.C. § 406

(b). Defendant has no objection to the request. The Court has 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 by Gisbrecht v. Barnhart,

535 U.S. 789, 796

(2002), the Court finds the requested fees reasonable. The Court grants the motion [25] and awards Plaintiff’s counsel $40,940.25 in attorney’s fees under

42 U.S.C. § 406

(b). Previously, the Court awarded Plaintiff attorney’s fees in the amount of $6,983.90 and $7,696.52 under the Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

. When issuing the section 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA and send Plaintiff’s attorney the balance of $26,259.83, 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 Plaintiff. IT IS SO ORDERED.

DATED:__________M__a_y_ 1__2_, _2_0_2_0__.

_________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

Status
Unknown