Filed: Jul. 31, 2019
Latest Update: Jul. 31, 2019
Summary: ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) STACIE F. BECKERMAN , Magistrate Judge . Plaintiff, Todd B., brought this action seeking review of the Commissioner's final decision denying his application for Disability Insurance Benefits under the Social Security Act. The Court remanded the case for additional de novo proceedings (ECF Nos. 17, 18). On remand, the Administrative Law Judge issued Plaintiff a fully favorable decision, awarding Plaintiff Disability Insurance Benefits. Plaint
Summary: ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) STACIE F. BECKERMAN , Magistrate Judge . Plaintiff, Todd B., brought this action seeking review of the Commissioner's final decision denying his application for Disability Insurance Benefits under the Social Security Act. The Court remanded the case for additional de novo proceedings (ECF Nos. 17, 18). On remand, the Administrative Law Judge issued Plaintiff a fully favorable decision, awarding Plaintiff Disability Insurance Benefits. Plainti..
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ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b)
STACIE F. BECKERMAN, Magistrate Judge.
Plaintiff, Todd B., brought this action seeking review of the Commissioner's final decision denying his application for Disability Insurance Benefits under the Social Security Act. The Court remanded the case for additional de novo proceedings (ECF Nos. 17, 18). On remand, the Administrative Law Judge issued Plaintiff a fully favorable decision, awarding Plaintiff Disability Insurance Benefits.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not objected to the request. The Court finds the requested fees are reasonable.
Plaintiff's motion (ECF No. 22) is granted, and Plaintiff's counsel is awarded $37,632.37 in attorney's fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney's fees in the amount of $7,863.39 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.
When issuing the Section 406(b) check for payment to Plaintiff's attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA and send Plaintiff's attorney, Jamie M. Evans the balance of $29,768.98, less any applicable processing or user fees prescribed by statute. The Section 406(b) check should be mailed to Jamie M. Evans, 222 NE Park Plaza Drive, Suite 113, Vancouver, WA 98684.
IT IS SO ORDERED.
