Hampton v. Colvin

Full title: JANICE HAMPTON, Plaintiff, v. CAROLYN COLVIN, Commissioner, Social…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jan 5, 2015

Civ. No. 6:11-cv-00286-MC (D. Or. Jan. 5, 2015)

Opinion

Civ. No. 6:11-cv-00286-MC

01-05-2015

JANICE HAMPTON, Plaintiff, v. CAROLYN COLVIN, Commissioner, Social Security Administration, Defendant.

MCSHANE, Judge.

OPINION AND ORDER

Based upon the stipulation of the parties and this Court's own independent review, see Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002), this Court orders that attorney fees in the amount of $24,278.00 shall be awarded to plaintiff's attorney pursuant to 42 U.S.C. § 406(b). Upon receipt of payment, plaintiff's attorney shall reimburse plaintiff for attorney fees previously awarded under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).¹ Plaintiff's attorney shall also reimburse plaintiff for unpaid fees previously awarded under 42 U.S.C. § 406(a) upon receipt of payment of these fees.² IT IS SO ORDERED.

1 Plaintiff was previously awarded $4,512.98 under the EAJA. Order 1-2, Apr. 13, 2012, ECF No. 19.

2 Plaintiff's attorney was previously awarded $6,000 under 42 U.S.C. § 406(a), but has not yet received payment. Mot. Att'y Fees 3, ECF No. 22.
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DATED this 5th day of January, 2015.

/s/_________

Michael J. McShane

United States District Judge