Carina M. Harrison v. Commissioner, Social Security Administration

District Court, D. Oregon

Carina M. Harrison v. Commissioner, Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

CARINA M. HARRISON Case No. 6:22-cv-00589-JR Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY FEES vs. PURSUANT TO

42 U.S.C. § 406

(b) COMMISSIONER, Social Security Administration, Defendant.

Plaintiff Carina M. Harrison brought this action seeking review of the Commissioner’s final decision denying her application for disability benefits under the Social Security Act. The Court reversed the Commissioner’s decision, remanded the case for further proceedings, and entered Judgment on May 1, 2023. Upon remand, the Commissioner found Plaintiff entitled to benefits beginning February 2019. Plaintiff now seeks an award of fees pursuant to

42 U.S.C. § 406

(b). I have reviewed the record in this case, the motion, and the supporting materials, including the award of benefits, 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 $20,660.00 in attorney’s fees under

42 U.S.C. § 406

(b). Previously, the Court awarded Plaintiff a total of $8,713.07 under the Equal Access to

Justice Act (“EAJA”) and $7,080.00 in administrative fees. The Court will offset that award against the

42 U.S.C. § 406

(b) award and order that, in accordance with agency policy, the Commissioner make a direct payment of $4,866.93, less any applicable processing or user fees prescribed by statute, to Plaintiff’s attorney, Katherine L. Eitenmiller, at WELLS, MANNING, EITENMILLER & TAYLOR, P.C. Payment is to be made from benefits the Social Security Administration has withheld from Plaintiff’s past due benefits. Any amount withheld after all administrative and court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this 27th day of October, 2025.

_/_s_/ _J_o_li_e_ A__. _R_u_s_so_____________________ JOLIE A. RUSSO United States Magistrate Judge Proposed Order submitted by: Katherine L. Eitenmiller WELLS, MANNING, EITENMILLER & TAYLOR, P.C. 474 Willamette Street Eugene, OR 97401 (541)686-1969 [email protected] Of Attorneys for Plaintiff ORDER GRANTING ATTORNEY FEES PURSUANT TO

42 U.S.C. § 406

(b)

Reference

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