Willits v. Commissioner Social Security Administration
Kathy Willits |
Commissioner Social Security Administration |
Janice E. Hebert |
1:2017cv01809 |
November 11, 2017 |
US District Court for the District of Oregon |
Medford (1) Office |
Marco A. Hernandez |
Social Security: DIWC/DIWW |
42 U.S.C. ยง 0405 g Review of Commissioner's Final Decision |
None |
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Filing 23 ORDER: The Court grants the motion 22 and awards Plaintiff's counsel $15,873.75 in attorney's fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorneys fees in the amount of $8,000 under the E qual Access to Justice Act (EAJA), 28 U.S.C. § 2412. However, Plaintiff's attorney received only $4,225.26 of that fee, as $3,774.74 was applied toward the Plaintiff's delinquent debts in accordance with Astrue v. Ratliff, 1 30 S. Ct. 2521 (2010). When issuing the section 406(b) check for payment to Plaintiff's attorney, the Commissioner is therefore directed to subtract $4,225.26 and send Plaintiff's attorney the balance of $11,648.49 less any applicable processing fees as allowed by statute. Any amount withheld after all administrative and court attorney's fees are paid should be released to the claimant. Signed on 12/27/2019 by Judge Marco A. Hernandez. (dsg) |
Filing 21 ORDER: Granting Application for Fees Pursuant to EAJA 19 . Signed on 10/30/2018 by Judge Marco A. Hernandez. (jp) |
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