Filed: Mar. 05, 2020
Latest Update: Mar. 05, 2020
Summary: OPINION & ORDER MARK D. CLARKE , Magistrate Judge . This case comes before the Court on Plaintiff's Motion for Attorney Fees (#23). Plaintiff moves the Court for approval of attorney's fees in the amount of $22,859.75 under 42 U.S.C. 406(b). This Court previously awarded $6,146.49 in Equal Access to Justice Act ("EAJA") fees. A fee awarded pursuant to 42 U.S.C. 406(b) cannot exceed 25% of the retroactive benefits. Crawford v. Astrue, 586 F.3d 1142 , 1147 (9th Cir. 2009). The request
Summary: OPINION & ORDER MARK D. CLARKE , Magistrate Judge . This case comes before the Court on Plaintiff's Motion for Attorney Fees (#23). Plaintiff moves the Court for approval of attorney's fees in the amount of $22,859.75 under 42 U.S.C. 406(b). This Court previously awarded $6,146.49 in Equal Access to Justice Act ("EAJA") fees. A fee awarded pursuant to 42 U.S.C. 406(b) cannot exceed 25% of the retroactive benefits. Crawford v. Astrue, 586 F.3d 1142 , 1147 (9th Cir. 2009). The requeste..
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OPINION & ORDER
MARK D. CLARKE, Magistrate Judge.
This case comes before the Court on Plaintiff's Motion for Attorney Fees (#23). Plaintiff moves the Court for approval of attorney's fees in the amount of $22,859.75 under 42 U.S.C. § 406(b). This Court previously awarded $6,146.49 in Equal Access to Justice Act ("EAJA") fees.
A fee awarded pursuant to 42 U.S.C. § 406(b) cannot exceed 25% of the retroactive benefits. Crawford v. Astrue, 586 F.3d 1142, 1147 (9th Cir. 2009). The requested fee, combined with the $6,000 agency fee presumed, is 25% of the retroactive benefits ($115,439.00) awarded to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court concludes that the requested fee is reasonable.
Therefore, Plaintiff's Motion for Attorney Fees (#23) is GRANTED. The agency is directed to issue the § 406(b) fee in the amount of $22,859.75, minus any user fee or administrative fee. Such funds shall be paid to Schneider, Kerr & Robichaux, P.O. Box 14490, Portland, OR 97293. The previously awarded EAJA fee in the amount of $6,146.49 shall be refunded to Plaintiff upon counsel's receipt of the § 406(b) fee awarded.
IT IS SO ORDERED.
