Benjamin G. v. Commissioner, Social Security Administration

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

BENJAMIN G.,1 Case No. 2:23-cv-000195-MTK Plaintiff, ORDER v. COMMISSIONER, Social Security Administration, Defendant. _________________________________________ KASUBHAI, United States District Judge: Plaintiff Benjamin G. brought this action seeking review of the Commissioner’s final decision denying his application for disability insurance benefits and supplemental security income under the Social Security Act. ECF No. 1. The Court reversed the Commissioner’s decision, remanded the case for calculation and award of benefits, and entered Judgment on August 27, 2024. ECF Nos. 14, 18-19.

Plaintiff’s attorney now seeks an award of fees pursuant to 42 U.S.C. § 406(b). ECF No. 25. Defendant takes no position with respect to the request. Id. Applying the standards set In the interest of privacy, the Court uses only the first name and last name initial of non- government parties whose identification could affect Plaintiff’s privacy. by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court has reviewed the record in this case and finds that the requested fee is reasonable.

Plaintiff’s Motion for Attorney Fees Under 42 U.S.C. § 406(b) (ECF No. 25) is hereby GRANTED as follows: Plaintiff’s counsel is allowed an attorney’s fee under the Social Security Act, 42 U.S.C. § 406(b), in the amount of $27,906.50, to be paid in accordance with agency policy. When issuing the section 406(b) check for payment to Plaintiff’s attorney, the Commissioner is directed to subtract the amount previously received under EAJA ($8,395.58) and send Plaintiff’s attorney the balance of $19,510.92. Any amount withheld after all administrative and court attorney’s fees are paid should be released to Plaintiff.

IT IS SO ORDERED.

DATED this _1_9_t_h_ day of ___F_e_b_ru_a_r_y____, 2026.

__/s_/_M_u_s_t_a_fa_ _T_. _K_a_s_u_b_h_a_i________________ MUSTAFA T. KASUBHAI (He/Him) United States District Judge