Opinion
6:20-cv-00677-MK
03-21-2024
GARY M.,[1] Plaintiff, v. COMMISSIONER, Social Security Administration, Defendant.
ORDER
MUSTAFA T. KASUBHAI (HE / HIM) UNITED STATES MAGISTRATE JUDGE
Plaintiff Gary M. brought this action seeking review of the Commissioner's final decision denying his application for disability insurance benefits under the Social Security Act. The Court reversed the Commissioner's decision and remanded for further proceedings. ECF No. 27.
Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant takes no position with respect to the request. ECF No. 35. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court has reviewed the record in this case and finds that the requested fees are reasonable.
Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is therefore GRANTED. Attorney fees in the amount of $33,317.96 are hereby awarded to Plaintiff's Counsel, to be paid out of Plaintiff's past-due benefits in accordance with agency policy. Such net sum of $33,317.96 represents the gross amount of $40,115.53 in attorney fees minus EAJA fees previously awarded in the amount of $6,797.57. It is further ORDERED that this fee shall be paid directly to Plaintiff's Counsel by check made payable to Bruce Brewer and sent to him at PO Box 421, West Linn, OR 97068. Funds remaining after the payment of attorney fees shall be released to Plaintiff.
IT IS SO ORDERED.