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Wohlers v. O'Malley

United States District Court, District of Montana
Jun 4, 2024
CV 17-122-M-DLC (D. Mont. Jun. 4, 2024)

Opinion

CV 17-122-M-DLC

06-04-2024

JAMIE LEE WOHLERS, Plaintiff, v. MARTIN J. O'MALLEY, Commissioner of Social Security, Defendant.


ORDER

Dana L. Christensen, District Judge United States District Court

Before the Court is counsel for Plaintiff, Andrew T. Koenig's motion for an award of attorney's fees, pursuant to 42 U.S.C. § 406(b). (Doc. 27.) On December 20, 2018, this Court reversed the Commissioner's decision denying Wohlers's application for benefits and remanded for additional agency proceedings. (Docs. 22, 23.) On April 29, 2019, the Court awarded Mr. Koenig $7,900.00 in EAJA fees. (Doc. 25.) On remand, the Commissioner awarded Wohlers past-due Title II benefits from March 30, 2015. (Doc. 27 at 2.) Of the total amount awarded, $20,795.00, representing 25% of the total award, has been withheld pending approval of attorney's fees. (Id.) Having reviewed the motion and associated declarations, the Court finds this amount to constitute a reasonable award of attorney's fees. See Gisbrecht v. Barnhart, 535 U.S. 789, 808 (2002).

Accordingly, IT IS ORDERED the motion (Doc. 27) is GRANTED. This Order shall serve as official approval of attorney Andrew T. Koenig's fees in the amount of $20,795.00.

IT IS FURTHER ORDERED that, upon receipt of such fees, Mr. Koenig shall reimburse Wohlers in the amount of $7,900.00, representing fees Mr. Koenig has already received.


Summaries of

Wohlers v. O'Malley

United States District Court, District of Montana
Jun 4, 2024
CV 17-122-M-DLC (D. Mont. Jun. 4, 2024)
Case details for

Wohlers v. O'Malley

Case Details

Full title:JAMIE LEE WOHLERS, Plaintiff, v. MARTIN J. O'MALLEY, Commissioner of…

Court:United States District Court, District of Montana

Date published: Jun 4, 2024

Citations

CV 17-122-M-DLC (D. Mont. Jun. 4, 2024)