Hill v. Commissioner Social Security Administration
Hill 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
JIM H.,1 Case No. 3:21-cv-00098-SI
Plaintiff,
v.
COMMISSIONER, SOCIAL SECURITY ORDER FOR ATTORNEY FEES UNDER ADMINISTRATION,
42 U.S.C. § 406(b)
Defendant.
__________________________________________
Plaintiff, Jim H., brought this action for review of the Commissioner’s final decision to deny Plaintiff’s applications for disability benefits under Title II of the Social Security Act,
42 U.S.C. §§ 401-34. Doc. No. 1. The Court reversed the Commissioner’s decision and remanded this matter for further proceedings. Doc. Nos. 14, 15.
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) following the Commissioner’s award of benefits through the remand proceedings. Doc. Nos. 21, 22. The Court finds that the requested fees are reasonable. Plaintiffs motion for attorney fees (Doc. Nos. 21, 22) is granted. Plaintiff's counsel is awarded $26,379.73 in attorney fees under
42 U.S.C. § 406(b). Earlier, the Court awarded Plaintiff attorney fees in the amount of $10,920.54 under the Equal Access to Justice Act,
28 U.S.C. § 2412(““EAJA”). Doc. No. 19. Plaintiffs counsel confirmed receipt of EAJA attorney fees in that amount. Doc. No. 21. 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 Plaintiffs attorney, Defendant is directed to subtract the amount previously awarded under EAJA and pay Plaintiffs attorney, Laurie B. Mapes, the balance of $15,459.19, less any applicable processing or user fees prescribed by statute. IT IS SO ORDERED. DATED this 17th day of March, 2025.
MD iin United States District Judge
SUBMITTED BY: /s/ Laurie B. Mapes Laurie B. Mapes OSB #841670 (503) 543-2900 Attorney for Plaintiff
ORDER FOR ATTORNEY FEES UNDER 42 USS.C. § 406(b) - 2
Reference
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