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Brown v. Commissioner of Social Security, 2:15-cv-01109-HZ. (2018)

Court: District Court, D. Oregon Number: infdco20180615e86 Visitors: 6
Filed: Jun. 12, 2018
Latest Update: Jun. 12, 2018
Summary: ORDER MARCO A. HERNANDEZ , District Judge . Plaintiff Adam Brown brought this action seeking review of the Commissioner's final decision to deny supplemental security income (SSI). In an August 10, 2016 Opinion & Order, I reversed the Commissioner's decision and remanded for additional proceedings. Judgment was entered on August 10, 2016. Upon remand, Plaintiff was found to be disabled and awarded benefits. Mot. for Atty Fees, Exs. 2, 3, 4, ECF 35-2, 35-3, 35-4. Plaintiff now seeks an awar
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ORDER

Plaintiff Adam Brown brought this action seeking review of the Commissioner's final decision to deny supplemental security income (SSI). In an August 10, 2016 Opinion & Order, I reversed the Commissioner's decision and remanded for additional proceedings. Judgment was entered on August 10, 2016. Upon remand, Plaintiff was found to be disabled and awarded benefits. Mot. for Atty Fees, Exs. 2, 3, 4, ECF 35-2, 35-3, 35-4.

Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has no objection to the request. I have reviewed the record in the 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), I find the requested fees reasonable.

I grant the motion [#35] and award Plaintiff's counsel $5,583.84 in attorney's fees under 42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $3,678.37 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, ECF 28. 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 the balance of $1,905.47, less any applicable processing fees as allowed by statute. Any amount withheld after all administrative and court attorney's fees are paid should be released to the claimant.

IT IS SO ORDERED.

Source:  Leagle

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