Alter v. Commissioner of Social Security Administration
| Christine Alter |
| Commissioner of Social Security Administration |
| 1:2012cv00737 |
| April 25, 2012 |
| US District Court for the District of Oregon |
| Medford (1) Office |
| John V. Acosta |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
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Filing
38
Opinion and Order - The Court ADOPTS IN PART and REJECTS IN PART Judge Acosta's Findings and Recommendation Dkt. 33 . The Court GRANTS Plaintiff's counsel's motion for attorney's fees pursuant to 42 U.S.C. 406(b). Dkt. [ 30]. Plaintiff's counsel is entitled to $27,613.25 in § 406(b) fees, representing 25 percent of Plaintiff's retroactive benefits recovery. When issuing the § 406 payment to Plaintiff's counsel, the Commissioner is direct ed to subtract the $6,100 previously awarded under the EAJA and send Plaintiff's attorney the balance of $21,513.25, less any applicable assessment as allowed by statute. The Commissioner is further directed to send the § 406(b) p ayment to Plaintiff's counsel at P.O. Box 370578, Las Vegas, NV 89137. After all administrative and attorney's fees are paid, the Commissioner is directed to release to Alter any amount withheld, including the EAJA fee offset. Signed on 7/11/2014 by Judge Michael H. Simon. (mja)
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Filing
29
ORDER - GRANTING plaintiff's unopposed application 25 for fees pursuant to the EAJA in the amount of $6,100.00. Signed on 2/13/14 by Magistrate Judge John V. Acosta. (see attached 1-page order) (peg)
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Filing
23
ORDER - No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordi ngly, the Court ADOPTS Judge Acosta's Findings and Recommendation 21 . The Commissioners decision (Dkt. 10-3, at 21-35) is REVERSED. Alter's appeal 1 is granted and this case is REMANDED for an award of benefits. Signed on 11/19/2013 by Judge Michael H. Simon. (mja)
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| Plaintiff: Christine Alter | |
| Represented By: | Tim D. Wilborn |
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| Defendant: Commissioner of Social Security Administration | |
| Represented By: | Adrian L. Brown |
| Represented By: | Richard A. Morris |
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