Noble v. Commissioner Social Security Administration

District Court, D. Oregon

Noble v. Commissioner Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CHRISTIAN N.,1 No. 6:19-cv-00484-HZ

Plaintiff, ORDER v.

COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,

Defendant.

HERNÁNDEZ, District Judge: Plaintiff Christian N. brought this action seeking review of the Commissioner’s final decision to deny Disability Insurance Benefits. On September 17, 2020, the Court reversed the Commissioner’s decision and ordered that the case be remanded for an award of benefits. Opinion & Order, ECF 15. Judgment was also entered on September 17, 2020. ECF 17. On

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. Where applicable, the Court uses the same designation for a non-governmental party’s immediate family members. August 16, 2021, Plaintiff’s counsel received notice of retroactive auxiliary award for benefits for Plaintiff’s children: Ethan N., Justin N., and Parker N. Pl. Mot. Ex. 2-4, ECF 23. Plaintiff now seeks an award of fees pursuant to

42 U.S.C. § 406

(b). Pl. Mot. Defendant does not oppose this request.

Id.

The Court has reviewed the record in the case, the motion, and the supporting materials including the award of auxiliary 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 [23] and awards Plaintiff’s counsel $12,009.45 in attorney’s fees under

42 U.S.C. § 406

(b). Previously, the Court awarded Plaintiff attorney’s fees in the amount of $24,066.00 under

42 U.S.C. § 406

(b) for Plaintiff’s award for benefits. An amount of $9,852.00, which had been awarded under the Equal Access to Justice Act (EAJA),

28 U.S.C. § 2412

was refunded by counsel to Plaintiff. Any additional amount withheld after all administrative and court attorney’s fees are paid should be released to the claimant. IT IS SO ORDERED.

DATED: ____N_o_v_e_m__b_e_r_ 3_,_ _2_0_2_1_________.

___________________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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