Azpeitia-Arellano v. Commissioner Social Security Administration

District Court, D. Oregon

Azpeitia-Arellano v. Commissioner Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

LEONILA A.-A.,1 Case No. 6:18-cv-00968-AA ORDER Plaintiff,

vs.

COMMISSIONER SOCIAL SECURITY ADMINISTRATION,

Defendant.

AIKEN, District Judge: It is hereby ORDERED that attorneys’ fees in the amount of $17,257.00 are awarded to Plaintiff’s attorney pursuant to

42 U.S.C. § 406

(b). The Commissioner of Social Security does not object. The Court has reviewed the proceedings and the amount of fees sought pursuant to Gisbrecht v. Barnhardt,

535 U.S. 789, 807-08

(2002), and the factors identified in Crawford v. Astrue,

586 F.3d 1142, 1151-52

(9th

1 In the interest of privacy, this opinion uses only the first name and the initial of the last name of the non-governmental party or parties in this case. Cir. 2009), and finds that this is a reasonable fee in light of the circumstances of the case. Plaintiff has been awarded attorney fees in the amount of $5,745.60 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 agency is directed to subtract the amount paid under the EAJA and send Plaintiff’s attorney the balance, minus any applicable processing fees as allowed by statute. IT IS SO ORDERED. Dated this _2_n_d_ day of __J_u_l_y____ 2021.

________/_s_/A__n_n_ _A_i_k_e_n_______ Ann Aiken United States District Judge

Reference

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