Bleicher v. Commissioner Social Security Administration

District Court, D. Oregon

Bleicher 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 |

LEESAMAREE B.,! Case No. 1:20-cv-01616-CL Plaintiff, . Vv. °

COMMISSIONER, SOCIAL SECURITY ORDER FOR ATTORNEY FEES UNDER ADMINISTRATION,

42 U.S.C. § 406

(b) Defendant.

Plaintiff, LeesaMaree B., brought this action for review of the Commissioner’s final decision to deny Plaintiff's application for disability benefits under Titles II and XVI of the Social Security Act,

42 U.S.C. §§ 401-34

, Doc. No. 1. The Court remanded this matter for - immediate calculation and payment of benefits. Doc. Nos. 20, 21. Plaintiff now seeks an award of attorney fees under

42 U.S.C. § 406

(b). Doc. Nos. 27, 28. The Court finds that the requested fees are reasonable.

‘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. ORDER FOR ATTORNEY FEES UNDER

42 U.S.C. § 406

(b) - 1

Plaintiff's motion for attorney fees (Doc. Nos, 27, 28) is granted, Plaintiffs counsel is awarded $14,975.50 in attorney fees. under 42 U.S.C, § 406(b). Earlier, the Court awarded Plaintiff attorney fees in the amount of $10,736.99 under the Equal Access to Justice Act,

28 U.S.C. § 2412

(“EAJA”). Doc. No. 26. Plaintiff's counsel confirmed receipt of EAJA attorney fees in that amount. Doc. No. 28. 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 Plaintiff's attorney, Laurie B. Mapes, the balance of $4,238.51, 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 ft day of VO .

SEARED. CLARKE United States Magistrate Judge

SUBMITTED BY: 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

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