Kari E. Trescott v. Commissioner, Social Security Administration
Kari E. Trescott v. Commissioner, Social Security Administration
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
KARI E. TRESCOTT Case No. 3:24-cv-01045-YY Plaintiff, ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR vs. ATTORNEY FEES PURSUANT TO
42 U.S.C. § 406(b) COMMISSIONER, Social Security Administration, Defendant.
Plaintiff Kari E. Trescott 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 April 1, 2025. Upon remand, the Commissioner found Plaintiff entitled to benefits beginning October 2020. Plaintiff now seeks an award of fees pursuant to
42 U.S.C. § 406(b). The Commissioner neither supports nor opposes counsel’s request for attorney’s fees. 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 $27,398.25 in attorney’s fees under
42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff a total of $6,812.27 under the Equal Access to
Justice Act (“EAJA”) and $9,200.00 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 $11,385.98, 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 _2_6_t_h d a y o f _ _ N__o_v_e_m_b_e_r________ 2025.
____/s_/_ Y_o_u_l_e_e_ Y__im__ Y__o_u________________ YOULEE YIM YOU 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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