Sherwood v. Commissioner Social Security Administration

District Court, D. Oregon

Sherwood v. Commissioner Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

GREGORY H. SHERWOOD, Plaintiff, Case No. 6:19-cv-00599-HL vs. ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR COMMISSIONER, ATTORNEY FEES PURSUANT TO 42 Social Security Administration, U.S.C. § 406(b) Defendant. Plaintiff Gregory H. Sherwood brought this action seeking review of the Commissioner’s final decision denying his application for disability benefits under the Social Security Act. The Court reversed the Commissioner’s decision and remanded the case for further administrative proceedings. The Commissioner subsequently found Plaintiff entitled to disability benefits beginning February 2016. Plaintiff now seeks an award of fees pursuant to

42 U.S.C. § 406

(b). Defendant has not objected to the request. I have reviewed the record in this case, the motion, and the supporting materials, including the award of benefits and related agency correspondence, 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 that the requested fees are reasonable. Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED, and Plaintiff’s counsel is awarded $6,000.00 in attorney’s fees under

42 U.S.C. § 406

(b). When issuing the § 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed to send the full award of $6,000.00, less any applicable processing or user fees prescribed by statute, to Plaintiff’s attorney, Katherine L. Eitenmiller, at WELLS, MANNING, EITENMILLER & TAYLOR, P.C.! Any amount withheld after all administrative and court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this 13th day of September 2023.

AN ) Soe HALLMAN United States Magistrate Judge

Proposed Order submitted by: Katherine L. Eitenmiller WELLS, MANNING, EITENMILLER & TAYLOR, PC. 474 Willamette Street Eugene, OR 97401 (541) 686-1969 keitenmiller@ wmetattorneys.com Of Attorneys for Plaintiff

| Formerly known as HARDER, WELLS, BARON & MANNING, P.C. ORDER GRANTING ATTORNEY FEES PURSUANT TO

42 U.S.C. § 406

(b) 6:19-cv-00599-SU Page 2 of 2

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