Anderson v. Commissioner, Social Security Administration, 6:17-cv-00880-CL. (2019)
Court: District Court, D. Oregon
Number: infdco20190912600
Visitors: 9
Filed: Sep. 09, 2019
Latest Update: Sep. 09, 2019
Summary: OPINION & ORDER MARK D. CLARKE , Magistrate Judge . This case comes before the Court on an unopposed motion for attorney fees (#22) under 42 U.S.C. 406(b). Plaintiff moves the Court for approval of $10,090.75 in fees, reduced by $6,309.59 Equal Access to Justice Act ("EAJA") fees, for a total of $3,781.16. 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). The sought total attorney fee am
Summary: OPINION & ORDER MARK D. CLARKE , Magistrate Judge . This case comes before the Court on an unopposed motion for attorney fees (#22) under 42 U.S.C. 406(b). Plaintiff moves the Court for approval of $10,090.75 in fees, reduced by $6,309.59 Equal Access to Justice Act ("EAJA") fees, for a total of $3,781.16. 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). The sought total attorney fee amo..
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OPINION & ORDER
MARK D. CLARKE, Magistrate Judge.
This case comes before the Court on an unopposed motion for attorney fees (#22) under 42 U.S.C. § 406(b). Plaintiff moves the Court for approval of $10,090.75 in fees, reduced by $6,309.59 Equal Access to Justice Act ("EAJA") fees, for a total of $3,781.16. 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). The sought total attorney fee amount of $10,090.75 is 25% of the retroactive benefits ($40,363.00) awarded to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court concludes that Plaintiff's counsel is entitled to the $10,090.75 in fees requested, minus $6,309.59 EAJA fees, for a total of $3,781.16.
Plaintiffs Motion (#22) is GRANTED. The agency is directed to issue the § 406(b) check directly to Plaintiff's counsel, minus any user fee. Any amount withheld after all administrative and attorney fees are paid should be released directly to Plaintiff.
Source: Leagle
