UNITED STATES DISTRICT COURT DISTRICT OF OREGON

ELIZABETH C. HOULIHAN Civil No. 2:22-cv-00472-JR

Plaintiff, ORDER FOR ATTORNEY FEES vs., UNDER 42 U.S.C § 406 (B) COMISSIONER SOCIAL SECURITY, Defendant.

RUSSO, United States Magistrate Judge: Plaintiff’s Motion for Attorney Fees pursuant to

(b), is hereby GRANTED, and Plaintiff’s counsel is awarded $34,900.25 under

(b). Previously, this Court awarded Plaintiff EAJA fees in the amount of $14,919.32 and EAJA fees in the amount of $14,937.00 were previously awarded in case no. 6:17-01679-CL (altogether totaling $29,856.32), to be paid to Plaintiff’s attorney, Ms. Meserow, after the satisfaction of Plaintiff's debts under Astrue v. Ratliff,

(2010). Therefore, when issuing the 406(b) fee check for payment to Plaintiff’s counsel, the Commissioner is directed to subtract the $29,856.32 previously paid as EAJA fees from the $34,900.25 awarded, and to send Ms. Meserow the remaining balance of $5,043.931, less any applicable processing fee prescribed by law. Generally, payment of fees is from the claimant's withheld past-due benefits. If the Commissioner has not withheld past-due benefits sufficient to satisfy this order, in the event

1 $34,900.25 - $29,856.32 = $5.043.93. ORDER to pay 406b fees– 2:22-cv-00472-JR Page 1 satisfy this order via the procedures in the Program Operation Manual System (POMS) GN 03920.055.C, in accordance with agency policy. The § 406(b) check payable to Ms. Meserow should be mailed to Nancy J. Meserow, Law Office of Nancy J. Meserow, 7540 SW 51st Avenue, Portland, OR 97219.

IT IS SO ORDERED this 30th day of December, 2024.

_/_s_/ _J_o_li_e_ A__. _R_u_s_so___________________ Jolie A. Russo U.S. Magistrate Judge