Yourn v. Commissioner Social Security Administration
Yourn v. Commissioner Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Warren Y., No. 3:20-cv-00448-HZ
Plaintiff, ORDER v.
COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,
Defendant.
HERNÁNDEZ, District Judge: Plaintiff Warren Y. brought this action seeking review of the Commissioner’s final decision to deny Disability Insurance Benefits. On February 26, 2021, pursuant to the parties’ stipulated motion, the Court reversed the Commissioner’s decision and ordered that the case be remanded for additional proceedings/an award of benefits. Order, ECF 14. Judgment was also entered on February 26, 2021. ECF 15. On October 20, 2021, Plaintiff’s counsel received notice of Plaintiff’s award for benefits. Pl. Mot. Ex. 2, ECF 20-2. Plaintiff now seeks an award of fees pursuant to
42 U.S.C. § 406(b). Pl. Mot., ECF 20. Defendant has no objection to the request.
Id.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 [20] and awards Plaintiff’s counsel $35,080.75 in attorney’s fees under
42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees for this case and a prior related case in the total amount of $6,791.00 under the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412. Upon payment of the § 406(b) fees, Plaintiff’s counsel will refund any EAJA fees received by counsel to Plaintiff. Any 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_ 1_9_,_ _2_0_2_1_____.
___________________________________ MARCO A. HERNÁNDEZ United States District Judge
Reference
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