Epperson v. Commissioner Social Security Administration
Epperson v. Commissioner Social Security Administration
Trial Court Opinion
Laurie B. Mapes, OSB #841670 lauriemapes2002(@yahoo.com 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
CANDICE E.,' Case No. 6:20-cv-01082-CL Plaintiff, . v. COMMISSIONER, SOCIAL SECURITY ORDER FOR ATTORNEY FEES UNDER ADMINISTRATION,
42 U.S.C. § 406(b) Defendant.
Plaintiff, Candice E., brought this action for review of the Defendant 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. ECF No. 1. The Court reversed the Commissioner’s decision and remanded this matter for immediate calculation and payment of Plaintiff's benefits. ECF Nos. 14, 15,
1Jn the interest of privacy, this order uses only the first name and the initial ofthe 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 now seeks an award of attorney fees under
42 U.S.C. § 406(b). ECF Nos. 20, 21. The Court finds that the requested fees are reasonable. Plaintiff's motion for attorney fees (ECF Nos. 20, 21) is GRANTED. Plaintiff's counsel is awarded $32,682 in attorney fees under
42 U.S.C. § 406(b). Earlier, the Court awarded Plaintiff attorney fees in the amount of $11,528.79 under the Equal Access to Justice Act, 28 USS.C, § 2412 (““EAJA”). ECF No. 19. The Court also awarded Plaintiff EAJA attorney fees of —
$10,300.84 in Plaintiff's earlier appeal arising from the same claim, which resulted in a remand for further proceedings. Candice E. v. Berryhill, No. 6:18-cv-01261-YY, ECF No. 20. Plaintiff's counsel confirmed receipt of EAJA attorney fees in those amounts. ECF No. 21. An EAJA award of attorney fees offsets an award under Section 406(b). Gisbrecht v, Barnhart,
535 U.S. 789, 796(2002); Parrish vy. Comm’r of Soc. Sec. Admin.,
698 F.3d 1215(9th Cir, 2012). Therefore, when Defendant issues the Section 406(b) check for payment to Plaintiff's attorney, Defendant is directed to subtract the amounts previously awarded under EAJA and pay Plaintiffs attorney, Laurie B. Mapes, the balance of $10,852.37, less any applicable processing fees prescribed by statute. The Section 406(b) check should be mailed to Laurie B. Mapes at her address registered with the agency or to P.O. Box 1241, Scappoose OR 97056. IT IS SO ORDERED. DATED this /~/_ day of GLE 22055
□□□□□□□□□□□□□□□□□□□□□□ United States Magistrate Judge
ORDER FOR ATTORNEY FEES UNDER
42 U.S.C. § 406(b) - 2
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) - 3
Reference
- Status
- Unknown