Stewart v. Commissioner Social Security Administration
Plaintiff: Michael Stewart
Defendant: Commissioner Social Security Administration
Case Number: 3:2011cv01091
Filed: September 9, 2011
Court: US District Court for the District of Oregon
Office: Portland Office
Presiding Judge: Patricia Sullivan
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
April 11, 2013 Opinion or Order Filing 28 ORDER. Attorney fees in the amount of $28,150.00 are hereby awarded to Plaintiff's attorney pursuant to 42 U.S.C. § 406(b). The court finds this is a reasonable fee. Previously, this court awarded $5,105.24, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (and another $7,499.99 in CV # 08-82-HO, which is this same claim). When issuing the § 406(b) check, the agency is directed to subtract both amounts previously awarded under the EAJA, and to send to Plaintiff's attorney at his current address shown above the balance of $15,544.77, minus any user fee. Any amount withheld (including the EAJA fee offset) after all administrative and court attorneys fees are paid should be released to the claimant. Signed on 04/11/2013 by Judge James A. Redden. (pvh)
February 7, 2013 Opinion or Order Filing 24 ORDER. Attorney fees in the amount of $5,105.24 are hereby awarded pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and costs in the amount of $350.00 are awarded pursuant to 28 U.S.C. § 1920. Subject to any offset allowed under the Treasury Offset Program, payment of this award shall be made via check sent to Attorney Tim Wilborn's address: P. O. Box 370578, Las Vegas, NV 89137. If no debt subject to offset exists, payment shall be made in Tim Wilborn's name. Signed on 02/07/2013 by Judge James A. Redden. (pvh)
September 18, 2012 Opinion or Order Filing 18 OPINION AND ORDER. For these reasons, the ALJ's decision that Stewart is not disabled is not supported by substantial evidence. The decision of the Commissioner is reversed and this case is remanded for the calculation and payment of benefits. IT IS SO ORDERED. Signed on 09/18/2012 by Judge James A. Redden. (pvh)
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Plaintiff: Michael Stewart
Represented By: Tim D. Wilborn
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Defendant: Commissioner Social Security Administration
Represented By: Daphne Banay
Represented By: Adrian L. Brown
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