IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

EMILY DOVE FITZHUGH, Plaintiff, Case No. 6:18-cv-00620-YY vs. ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR COMMISSIONER, ATTORNEY FEES PURSUANT TO 42 Social Security Administration, U.S.C. § 406(b) Defendant.

Plaintiff Emily Dove Fitzhugh brought this action seeking review of the Commissioner’s final decision denying his application for disability benefits under the Social Security Act. The Court reversed the Commissioner’s decision, remanded the case for an award of benefits, and entered Judgment on September 30, 2019. Plaintiff now seeks an award of fees pursuant to

(b). The parties have conferred and, after giving substantive consideration to the merits of Plaintiff’s request for 406(b) fees, the Commissioner found no basis to object. I have reviewed the record in this 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,

(2002), the Court finds that the requested fees are reasonable. Plaintiff’s Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED as follows: Katherine L. Eitenmiller is allowed an attorney’s fee under the Social

Security Act,

(b), in the amount of $10,476.80, which represents 25% of Plaintiff’s total unpaid retroactive disability benefits in the amount of $14,418.25, less the EAJA fee of $3,941.45 previously received by Plaintiff’s attorneys. Any fees withheld by the Commissioner in anticipation of an order under Section 406(b), less an administrative assessment pursuant to 42 U.S.C. 406(d), may be paid to Plaintiff’s attorneys at HARDER, WELLS, BARON & MANNING, P.C., 474 Willamette Street, Eugene, Oregon 97401, consistent with this order. Any amount withheld after all administrative and court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this _1_9_t_h day of __O_c_t_o_b_e_r__________ 2020.

___/_s_/ _Y_o_u_l_e_e _Y_i_m__ Y_o_u_ ________________ YOULEE YIM YOU United States Magistrate Judge Proposed Order submitted by: Katherine L. Eitenmiller HARDER, WELLS, BARON & MANNING, P.C. 474 Willamette Street Eugene, OR 97401 (541) 686-1969 [email protected] Of Attorneys for Plaintiff ORDER GRANTING ATTORNEY FEES PURSUANT TO

(b)