Opinion
1:20-cv-01616-CL
08-02-2022
LEESAMAREE B.,[1] Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant.
Laurie B. Mapes OSB #841670 Attorney for Plaintiff
Laurie B. Mapes OSB #841670
Attorney for Plaintiff
ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b)
MARK D. CLARKE, UNITED STATES MAGISTRATE JUDGE
Plaintiff, LeesaMaree B., brought this action for review of the Commissioner's final decision to deny Plaintiffs application for disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-34. Doc. No. 1. The Court remanded this matter for immediate calculation and payment of benefits. Doc. Nos. 20, 21.
Plaintiff now seeks an award of attorney fees under 42 U.S.C. § 406(b). Doc. Nos. 27, 28. The Court finds that the requested fees are reasonable.
Plaintiffs motion for attorney fees (Doc. Nos. 27, 28) is granted, Plaintiffs counsel is awarded $14,975.50 in attorney fees under 42 U.S.C. § 406(b). Earlier, the Court awarded Plaintiff attorney fees in the amount of $10,736.99 under the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Doc. No. 26. Plaintiffs counsel confirmed receipt of EAJA attorney fees in that amount. Doc. No. 28. 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 Plaintiffs attorney, Defendant is directed to subtract the amount previously awarded under EAJA and pay Plaintiffs attorney, Laurie B. Mapes, the balance of $4,238.51, 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.