Poston v. Commissioner, Social Security Administration, 6:15-cv-02389-CL. (2019)
Court: District Court, D. Oregon
Number: infdco20190424c95
Visitors: 8
Filed: Apr. 23, 2019
Latest Update: Apr. 23, 2019
Summary: ORDER MARK D. CLARKE , Magistrate Judge . This case comes before the Court on an unopposed motion for attorney fees (#24) under 42 U.S.C. 406(b). Plaintiff is due a retroactive award of benefits in the amount of $210,257.00. 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). Plaintiffs counsel seeks an aggregate total attorney fee of $30,000, which is less that the statutorily permitted 2
Summary: ORDER MARK D. CLARKE , Magistrate Judge . This case comes before the Court on an unopposed motion for attorney fees (#24) under 42 U.S.C. 406(b). Plaintiff is due a retroactive award of benefits in the amount of $210,257.00. 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). Plaintiffs counsel seeks an aggregate total attorney fee of $30,000, which is less that the statutorily permitted 25..
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ORDER
MARK D. CLARKE, Magistrate Judge.
This case comes before the Court on an unopposed motion for attorney fees (#24) under 42 U.S.C. § 406(b). Plaintiff is due a retroactive award of benefits in the amount of $210,257.00. 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). Plaintiffs counsel seeks an aggregate total attorney fee of $30,000, which is less that the statutorily permitted 25% of Plaintiffs retroactive benefits ($52,564.25), and accounts for a reduction of $5,007.28 in Equal Access to Justice (EAJA) fees already awarded, $6,000 in fees paid already pursuant to the fee agreement, and a voluntary reduction of $11,556.97. Having reviewed the proceedings and the amount of fees sought, the Court concludes that Plaintiff's counsel is entitled to the $30,000 fees requested. Plaintiffs Motion (#24) is GRANTED. The agency is directed to issue the§ 406(b) check directly to Plaintiffs counsel in the amount of $30,000, minus any user fee. Any amount withheld after all administrative and attorney fees are paid should be released directly to Plaintiff.
Source: Leagle
