Saechao Tada v. Commissioner Social Security Administration

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

DAISY V.S.T. Civil No. 3:20-cv-02091-CL Plaintiff, ORDER FOR ATTORNEY FEES VS., UNDER 42 U.S.C § 406 (B) COMISSIONER SOCIAL SECURITY, ‘Defendant.

CLARKE, Judge: Plaintiff's Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b), is hereby GRANTED, and Plaintiff's counsel is awarded $24,322.50 under 42 U.S.C. § 406(b). Previously, this Court awarded Plaintiff EAJA fees in the amount of $13,008.42 and supplemental EAJA fees in the amount of $2,731.58 (altogether totaling $15,740.00), to be paid to Plaintiff's attorney, Ms. Meserow, after the satisfaction of Plaintiff's debts under Astrue v. Ratliff, 130 S. Ct. 2521 (2010). Therefore, when issuing the 406(b) fee check for payment to Plaintiff's counsel, the Commissioner is directed to subtract the $15,740.00 previously paid, and to send Ms. Meserow the remaining balance of $8,582.50!, less any applicable processing fee prescribed by law. Generally, payment of fees is from the claimant's withheld past-due benefits. If the Commissioner has not withheld past-due benefits sufficient to satisfy this order, in the event Plaintiff's attorney reports she is unable to collect the fee from the claimant, the Commissioner will

1 $24,322.50 - $15,740.00 = $8,582.50 ORDER to pay 406b fees- 3:20-cv-02091-CL Page 1

satisfy this order via the procedures in the Program Operation Manual System (POMS) GN 03920.055.C, in accordance with agency policy. The § 406(b) check payable to Ms. Meserow should be mailed to Nancy J. Meserow, Law Office of Nancy J. Meserow, 7540 SW 51st Avenue, Portland, OR 97219.

IT IS SO ORDERED this Io day of “7 LOE TE ZO oe □□ AZ UNITED STATES MAGISTRATE JUDGE, MARK D. CLARKE

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