Villavicencio v. Commissioner Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

SHELLEY ELAINE MARCELLA VILLAVICENCIO, Case No. 6:18-cv-01760-SB Plaintiff, ORDER GRANTING PLAINTIFF’S vs. MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) COMMISSIONER, Social Security Administration, Defendant. Plaintiff Shelley Elaine Marcella Villavicencio 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, remanded the case for an award of benefits, and entered Judgment on March 9, 2020. Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). 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 $16,419.03 in attorney’s fees under 42 U.S.C. § 406(b). Plaintiff’s attorneys previously received $9,411.49 in fees pursuant to the Equal Access to Justice Act ““EAJA”). When issuing the § 406(b) check for payment to Plaintiff's attorney, the Commissioner is directed to subtract the amount awarded for EAJA and send the balance of $7,007.54, less any applicable processing or user fees prescribed by statute, to Plaintiff’ s attorneys at HARDER, WELLS, BARON & MANNING, P.C., 474 Willamette Street, Eugene, Oregon 97401. Any amount withheld after all administrative and court attorney fees are paid should be released to the claimant.

IT IS SO ORDERED this 12th day of November, 2020. Silaie/ Foecermay HON. STACIE F. BECKERMAN United States Magistrate Judge

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

ORDER GRANTING ATTORNEY FEES PURSUANT TO 42 USC. § 406(b) 6:18-cv-01760-SB Page 2 of 2