Sara N. Decker v. Commissioner, Social Security Administration
Sara N. Decker v. Commissioner, Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
SARA N. DECKER, Case No. 6:24-cv-01147-HL Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY FEES vs. PURSUANT TO
42 U.S.C. § 406(b) COMMISSIONER, Social Security Administration, Defendant.
Plaintiff Sara N. Decker 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 an award of benefits, and entered Judgment on May 6, 2025. Upon remand, the Commissioner found Plaintiff entitled to benefits beginning September 2020. 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 $22,798.00 in attorney’s fees under
42 U.S.C. § 406(b). Previously, Plaintiff received a total of $5,122.25 under the Equal Access to Justice Act (“EAJA”). 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 $17,675.75, less any applicable processing or user fees prescribed by statute, to Plaintiffs 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 29thday of October 2025.
ANDREW D. HALLMAN 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) 6:24-cv-01147-HL Page 2 of 2
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