Rasmussen v. Comm'r Soc. Sec.

Full title: JAMES RASMUSSEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, District of Oregon

Date published: Dec 5, 2023

3:21-cv-01782-YY (D. Or. Dec. 5, 2023)

Opinion

3:21-cv-01782-YY

12-05-2023

JAMES RASMUSSEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Kevin Kerr, OSB #080934 Kerr Robichaux & Carroll Attorney for Plaintiff

Youlee Yim You United States Magistrate Judge

Kevin Kerr, OSB #080934 Kerr Robichaux & Carroll Attorney for Plaintiff

ORDER FOR ATTORNEY FEES UNDER 42 U.S.C. § 406(b)

Youlee Yim You United States Magistrate Judge

Plaintiff's Motion is hereby granted as follows: Kevin Kerr is allowed an attorney's fee under the Social Security Act, 42 U.S.C. § 406(b), in the amount of $42,980.25, to be paid out of the claimant's past-due benefits. Plaintiff's counsel shall refund the amount of $7,358.12 already received by counsel under the Equal Access to Justice Act for this and the prior claim.

Any funds withheld by the Commissioner in anticipation of an order under Section 406(b), less an administrative assessment pursuant to 42 US.C. 406(d), may be paid to Kevin Kerr, using the information on file with the Agency, consistent with this order.