Filed: Aug. 05, 2019
Latest Update: Aug. 05, 2019
Summary: ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) JOLIE A. RUSSO , Magistrate Judge . Plaintiff, Kenneth A., brought this action for review of the Commissioner's final decision to deny Plaintiffs application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-34. Doc. No. 1. The Court remanded the matter for immediate payment of benefits. Doc. Nos. 19, 20, 22, 23. Plaintiff now seeks an award of attorney fees under 42 U.S.C. 406(b). Doc. Nos. 34,
Summary: ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. 406(b) JOLIE A. RUSSO , Magistrate Judge . Plaintiff, Kenneth A., brought this action for review of the Commissioner's final decision to deny Plaintiffs application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-34. Doc. No. 1. The Court remanded the matter for immediate payment of benefits. Doc. Nos. 19, 20, 22, 23. Plaintiff now seeks an award of attorney fees under 42 U.S.C. 406(b). Doc. Nos. 34, 3..
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ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b)
JOLIE A. RUSSO, Magistrate Judge.
Plaintiff, Kenneth A., brought this action for review of the Commissioner's final decision to deny Plaintiffs application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-34. Doc. No. 1. The Court remanded the matter for immediate payment of benefits. Doc. Nos. 19, 20, 22, 23.
Plaintiff now seeks an award of attorney fees under 42 U.S.C. § 406(b). Doc. Nos. 34, 35. Defendant noted no objection to the request. Doc. No. 36. The Court finds that the requested fees are reasonable.
Plaintiffs motion for attorney fees (Doc. Nos. 34, 35) is granted. Plaintiffs counsel is awarded $22,597.00 in attorney fees under 42 U.S.C. § 406(b). Earlier, the Comt awarded Plaintiff attorney fees in the amount of $15,906.72 under the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). Doc. No. 33. Therefore, when Defendant issues the Section 406(b) check for payment to Plaintiffs attorney, Defendant is directed to subtract the amount previously awarded under EAJA and pay Plaintiffs attorney, Laurie B. Mapes, the balance of $6,690.28, less any applicable processing or user fees prescribed by statute. The Section 406(b) check should be mailed to Laurie B. Mapes at P.O. Box 1241, Scappoose OR 97056.
IT IS SO ORDERED.
