Treichler v. Commissioner Social Security Administration
Allen J. Treichler |
Commissioner Social Security Administration |
3:2011cv01333 |
November 8, 2011 |
US District Court for the District of Oregon |
Portland (3) Office |
Michael H. Simon |
Social Security: DIWC/DIWW |
42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
None |
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Filing 33 ORDER - The Court finds that Plaintiff's EAJA petition is proper and the hours for which compensation is requires are reasonable, but some of the hourly rates are incorrect. Accordingly, Plaintiff's application for attorney's fees (Dkt. 22 ), is GRANTED IN PART. Plaintiff is awarded $11,330.89 for attorney's fees. EAJA fees are subject to any offsets allowed under the Treasury Offset Program, as discussed in Ratliff, 560 U.S. at 593-94. Accordingly, Defendant shall pay to Plaintiff and mail to Plaintiff's attorney the awarded EAJA fees, expenses, and costs, after deducting any applicable offset. Ordered by Judge Michael H. Simon. (mja) |
Filing 18 Opinion and Order - The court REVERSES the Commissioner's final decision and REMANDS this matter for further proceedings consistent with this opinion and order, pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the ALJ must address Ms. Treichler's testimony, which is limited to her December 15, 2009, hearing testimony and her August 13, 2007, report submitted for the record. Signed on 9/28/12 by Judge Michael H. Simon. (mja) |
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Defendant: Commissioner Social Security Administration | |
Represented By: | Adrian L. Brown |
Represented By: | Gerald J. Hill |
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Plaintiff: Allen J. Treichler | |
Represented By: | James S. Coon |
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