Levine v. Commissioner Social Security Administration

District Court, D. Oregon

Levine v. Commissioner Social Security Administration

Trial Court Opinion

Laurie B. Mapes, OSB #841670 [email protected] Attorney at Law PO Box 1241 Scappoose OR 97056 Voice: (503) 543-2900 Fax: (503) 543-3676 Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

NANCY L.,1 Case No. 6:20-cv-01928-AC

Plaintiff,

v.

COMMISSIONER, SOCIAL SECURITY ORDER FOR ATTORNEY FEES UNDER ADMINISTRATION,

42 U.S.C. § 406

(b)

Defendant.

__________________________________________

Plaintiff, Nancy L., brought this action for review of the Commissioner’s final decision to deny Plaintiff’s application for disability benefits under Title II of the Social Security Act,

42 U.S.C. §§ 401-34

. Doc. No. 1. The Court remanded this matter for immediate calculation and award of benefits. Doc. Nos. 16, 17.

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 or parties in this case. Plaintiff now seeks an award of attorney fees under

42 U.S.C. § 406

(b). Doc. Nos. 22, 23. The Court finds that the requested fees are reasonable. Plaintiff's motion for attorney fees (Doc. Nos. 22, 23) is granted. Plaintiff's counsel is awarded $39,688.52 in attorney fees under

42 U.S.C. § 406

(b). Earlier, the Court awarded Plaintiff attorney fees in the amount of $10,321.02 under the Equal Access to Justice Act, 28 US.C. § 2412 (““EAJA”). Doc. No. 21. Plaintiff’s counsel confirmed receipt of EAJA attorney fees in that amount. Doc. No. 23. An EAJA award of attorney fees offsets an award under Section 406(b). Gisbrecht v. Barnhart,

535 U.S. 789, 796

(2002). Therefore, when Defendant issues the Section 406(b) check for payment to Plaintiff's attorney, Defendant is directed to subtract the amount previously awarded under EAJA and pay Plaintiffs attorney, Laurie B. Mapes, the balance of $29,367.50, less any applicable processing or user fees prescribed by statute. The Section 406(b) check should be mailed to Laurie B. Mapes at P.O. Box 1241, Scappoose OR 97056. IT IS SO ORDERED. DATED this 16th day of June, 2022.

iy □□ V. ACOSTA United States Magistrate Judge

SUBMITTED BY: /s/ Laurie B. Mapes Laurie B. Mapes OSB #841670 (503) 543-2900 Attorney for Plaintiff

ORDER FOR ATTORNEY FEES UNDER

42 U.S.C. § 406

(b) - 2

Reference

Status
Unknown