Budd v. Commissioner Social Security Administration

D. Oregon

Budd v. Commissioner Social Security Administration

District Court, D. Oregon·Decided August 7, 2024·No. 6:20-cv-02156·Unknown

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

K’LEAN BUDD, Case No. 6:20-cv-02156-SB Plaintiff, ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR vs. ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) COMMISSIONER, Social Security Administration, Defendant.

Plaintiff K’Lean Budd brought this action seeking review of the Commissioner’s final decision denying her application for disability benefits under the Social Security Act. The Court reversed the Commissioner’s decision and remanded the case for further administrative proceedings. The Commissioner subsequently found Plaintiff entitled to Social Security benefits beginning March 2018. Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). The Commissioner neither supports nor opposes counsel’s request for attorney’s fees. I have reviewed the record in this case, the motion, and the supporting materials, including the award of benefits, the fee agreement with counsel, and the recitation of counsel’s hours and services. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court finds that the requested fees are reasonable. Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED, and Plaintiff's counsel is awarded $11,187.25 in attorney’s fees under 42 U.S.C. § 406(b), representing the difference between the full § 406(b) amount requested ($18,270.25) and the amount of administrative fees counsel has already received ($7,083.00). In accordance with agency policy, the Commissioner is instructed to make a direct payment of the award of $11,187.25, less any applicable processing or user fees prescribed by statute, to Plaintiff's attorney, Katherine L. Eitenmiller, at WELLS, MANNING, EITENMILLER & TAYLOR, P.C., from benefits the Social Security Administration has withheld from Plaintiff's past due benefits. Any amount withheld after all administrative and court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this 7th day of _ August 2024, Shed, Brceer ( pie HON. STACIE F. BECKERMAN United States Magistrate Judge

Proposed Order submitted by: Katherine L. Eitenmiller WELLS, MANNING, EITENMILLER & TAYLOR, P.C. 474 Willamette Street Eugene, OR 97401 (541) 686-1969 keitenmiller@wmetattorneys.com Of Attorneys for Plaintiff

ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) 6:20-cv-02156-SB Page 2 of 2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

K’LEAN BUDD, Case No. 6:20-cv-02156-SB Plaintiff, ORDER GRANTING PLAINTIFF’S UNOPPOSED MOTION FOR vs. ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) COMMISSIONER, Social Security Administration, Defendant.

Plaintiff K’Lean Budd brought this action seeking review of the Commissioner’s final decision denying her application for disability benefits under the Social Security Act. The Court reversed the Commissioner’s decision and remanded the case for further administrative proceedings. The Commissioner subsequently found Plaintiff entitled to Social Security benefits beginning March 2018. Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). The Commissioner neither supports nor opposes counsel’s request for attorney’s fees. I have reviewed the record in this case, the motion, and the supporting materials, including the award of benefits, the fee agreement with counsel, and the recitation of counsel’s hours and services. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court finds that the requested fees are reasonable. Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED, and Plaintiff's counsel is awarded $11,187.25 in attorney’s fees under 42 U.S.C. § 406(b), representing the difference between the full § 406(b) amount requested ($18,270.25) and the amount of administrative fees counsel has already received ($7,083.00). In accordance with agency policy, the Commissioner is instructed to make a direct payment of the award of $11,187.25, less any applicable processing or user fees prescribed by statute, to Plaintiff's attorney, Katherine L. Eitenmiller, at WELLS, MANNING, EITENMILLER & TAYLOR, P.C., from benefits the Social Security Administration has withheld from Plaintiff's past due benefits. Any amount withheld after all administrative and court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this 7th day of _ August 2024, Shed, Brceer ( pie HON. STACIE F. BECKERMAN United States Magistrate Judge

Proposed Order submitted by: Katherine L. Eitenmiller WELLS, MANNING, EITENMILLER & TAYLOR, P.C. 474 Willamette Street Eugene, OR 97401 (541) 686-1969 keitenmiller@wmetattorneys.com Of Attorneys for Plaintiff

ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) 6:20-cv-02156-SB Page 2 of 2

Budd v. Commissioner Social Security Administration, (D. Or. 2024).

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