Filed: Sep. 17, 2018
Latest Update: Sep. 17, 2018
Summary: ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) JOLIE RUSSO , Magistrate Judge . Plaintiff Jeffrey P. Phelps 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 reversed the Commissioner's decision, remanded the case for an immediate payment of benefits, and entered judgment on January 22, 2018 [ECF 22]. Plaintiff now seeks an award of fees pursuant to 42 U.S.C. 406(b).
Summary: ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) JOLIE RUSSO , Magistrate Judge . Plaintiff Jeffrey P. Phelps 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 reversed the Commissioner's decision, remanded the case for an immediate payment of benefits, and entered judgment on January 22, 2018 [ECF 22]. Plaintiff now seeks an award of fees pursuant to 42 U.S.C. 406(b). ..
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ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b)
JOLIE RUSSO, Magistrate Judge.
Plaintiff Jeffrey P. Phelps 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 reversed the Commissioner's decision, remanded the case for an immediate payment of benefits, and entered judgment on January 22, 2018 [ECF 22].
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant does not object to the request. The Court finds the requested fees are reasonable.
Plaintiffs motion [ECF 30] is granted, and Plaintiffs counsel is awarded $31,626.00 in attorney's fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney's fees in the amount of $10,323.30 under the Equal Access to Justice Act (BAJA), 28 U.S.C. § 2412.
When issuing the section 406(b) check for payment to Plaintiffs attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA and send Plaintiffs attorney, Jamie M. Evans the balance of $21,302.70, less any applicable processing or user fees prescribed by statute. The section 406(b) check should be mailed to Jamie M. Evans, 610 SW Broadway, Suite 405 Portland, Oregon 97205.
Any amount withheld after all attorney's fees are paid should be released to the claimant.
IT IS SO ORDERED.
