Opinion
09-CV-1291-AC
November 21, 2011.
ORDER
The court has reviewed plaintiffs counsel's amended motion for § 460(b) attorney fees. The government does not oppose the motion. The court disagrees with counsel's analysis of Gisbrecht v. Barnhart, 535 U.S. 789 (2002), in particular with respect to the risk factor. However, on the record before the court, the attorney fee requested here is reasonable under Gisbrecht and crawford v. Astrue, 586 F.3d 1142 (9th Cir. 2009).
Accordingly, pursuant to 42 U.S.C. 406(b), reasonable attorneys fees in the amount of $5,876.46 are hereby awarded to plaintiffs attorney, Robyn M. Rebers. Previously, this court awarded plaintiffs counsel $5,148.87 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). The agency is directed to issue payment to plaintiffs counsel in the amount of $5,876.46. Upon receipt of the § 406(b) check, plaintiffs counsel will refund the EAJA fee of $5,148.87 to plaintiff. Any withheld amount then remaining shall be released to plaintiff as soon as practicable.
IT IS SO ORDERED.