Anderson v. Commissioner Social Security Administration

D. Oregon

Anderson v. Commissioner Social Security Administration

District Court, D. Oregon·Decided September 9, 2019·No. 6:17-cv-00880·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION

GEORGE D. ANDERSON, Civ. No. 6:17-cv-00880-CL . Plaintiff, OPINION & ORDER v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. □

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 Plaintiffs counsel is entitled to the $10,090.75 in fees requested, minus $6,309.59 EAJA fees, for a total of $3,781.16.

Dace 1 ADINTON & ARDEP

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. 2 DATED this

MARK D. CLARKE United States Magistrate Judge .

£=fADTIATITAART &@ ODMHCYD

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION

GEORGE D. ANDERSON, Civ. No. 6:17-cv-00880-CL . Plaintiff, OPINION & ORDER v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. □

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 Plaintiffs counsel is entitled to the $10,090.75 in fees requested, minus $6,309.59 EAJA fees, for a total of $3,781.16.

Dace 1 ADINTON & ARDEP

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. 2 DATED this

MARK D. CLARKE United States Magistrate Judge .

£=fADTIATITAART &@ ODMHCYD

Anderson v. Commissioner Social Security Administration, (D. Or. 2019).

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