Opinion
6:20-cv-00206-BR
01-28-2022
BRENT R. SMITH, Plaintiff, v. COMMISSIONER, Social Security Administration, Defendant.
Katherine L. Eitenmiller HARDER, WELLS, BARON & MANNING, PC. Of Attorneys for Plaintiff.
Katherine L. Eitenmiller HARDER, WELLS, BARON & MANNING, PC. Of Attorneys for Plaintiff.
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(B)
ANNA J. BROWN United States Senior District Judge.
Plaintiff Brent R. Smith brought this action seeking review of the Commissioner's final decision denying his application for disability insurance benefits ("DIB") under the Social Security Act. The Court reversed the Commissioner's decision, remanded the case for an award of benefits, and entered Judgment on January 16, 2021.
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 $16,353.25 in attorney's fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney fees in the amount of $7,376.19 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 for EAJA and send the balance of $8,977.06, less any applicable processing or user fees prescribed by statute, to Plaintiffs 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 ORDERED.