Powlison v. Comm'r, Soc. Sec. Admin.

Full title: DONALD J. POWLISON, Plaintiff, v. COMMISSIONER, Social Security…

Court: United States District Court, District of Oregon

Date published: May 3, 2022

3:19-cv-01418-CL (D. Or. May. 3, 2022)

Opinion

3:19-cv-01418-CL

05-03-2022

DONALD J. POWLISON, Plaintiff, v. COMMISSIONER, Social Security Administration, Defendant.

Katherine L. Eitenmiller HARDER, WELLS, BARON & MANNING, P.C. Of Attorneys for Plaintiff

MARK D. CLARKE, United States Magistrate Judge

Katherine L. Eitenmiller HARDER, WELLS, BARON & MANNING, P.C. Of Attorneys for Plaintiff

ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C.§ 406(b)

MARK D. CLARKE, United States Magistrate Judge

Plaintiff Donald J. Powlison brought this action seeking review of the Commissioner's final decision denying his application for disability benefits under the Social Security Act. After full briefing before the Court, the Court reversed the Commissioner's decision and remanded the matter for further administrative proceedings. The Commissioner subsequently found Plaintiff entitled to disability benefits beginning October 2015.

Plaintiff now seeks an award of fees pursuant to 42 U.S.C. § 406(b). Defendant has not objected to the request. 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 $36, 241.20 in attorney's fees under 42 U.S.C. § 406(b). Previously, Plaintiff's counsel received fees in the amount of $6, 721.44 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. When issuing the § 406(b) check for payment to Plaintiff's attorney, the Commissioner is directed to subtract the amount awarded under the EAJA, and to send the balance of $29, 519.76, 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