Opinion
1:21-cv-01830-YY
07-18-2024
RANDA L.,[1] Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.
Laurie B. Mapes, OSB #841670 Attorney at Law Attorney for Plaintiff
Laurie B. Mapes, OSB #841670 Attorney at Law Attorney for Plaintiff
ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(B)
Youlee Yim You United States Magistrate Judge
Plaintiff, Randa L., brought this action for review of the Commissioner's final decision to deny Plaintiff's application for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-34. Doc. No. 1. The Court remanded this matter for immediate calculation and award of benefits. Doc. Nos. 21, 22.
Plaintiff now seeks an award of attorney fees under 42 U.S.C. § 406(b). Doc. Nos. 28, 29. The Court finds that the requested fees are reasonable.
Plaintiff's motion for attorney fees (Doc. Nos. 28, 29) is granted. Plaintiff's counsel is awarded $25,577.25 in attorney fees under 42 U.S.C. § 406(b). Earlier, the Court awarded Plaintiff attorney fees in the amount of $12,500.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Doc. No. 27. Plaintiff's counsel confirmed receipt of EAJA attorney fees in that amount. Doc. No. 29. An EAJA award of attorney fees offsets an award under Section 406(b). Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Therefore, when Defendant issues the Section 406(b) check for payment to Plaintiff's attorney, Defendant is directed to subtract the amount previously awarded under EAJA and pay Plaintiff's attorney, Laurie B. Mapes, the balance of $13,077.25, less any applicable processing or user fees prescribed by statute. The Section 406(b) check should be mailed to Laurie B. Mapes at P.O. Box 1241, Scappoose OR 97056.
IT IS SO ORDERED.