Kennedy v. Commissioner Social Security Administration

Justia Dockets & Filings Ninth Circuit Oregon District Court Kennedy v. Commissioner Social Security Administration

Kennedy v. Commissioner Social Security Administration

Plaintiff:	Mark J. Kennedy
Defendant:	Commissioner Social Security Administration
Case Number:	6:2017cv00988
Filed:	June 26, 2017
Court:	US District Court for the District of Oregon
Office:	Eugene (6) Office
Presiding Judge:	Marco A. Hernandez
Nature of Suit:	Social Security: RSI Tax Suits
Cause of Action:	42 U.S.C. § 0405 g Review of Commissioner's Final Decision
Jury Demanded By:	None

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Date Filed	Document Text
December 19, 2018	Filing 23 ORDER - I grant the motion 22 and award Plaintiff's counsel $26,618.25 in attorney's fees under 42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $6,357.94 under the Equal Acc ess to Justice Act (EAJA), 28 U.S.C. § 2412. When issuing the section 406(b) check for payment to Plaintiffs attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA and send Plaintiffs attorney the balance of $20,260.31, 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 12/19/2018 by Judge Marco A. Hernandez. (mja)
June 6, 2018	Filing 17 Opinion and Order, Commissioner's decision reversed, case remanded for award of benefits. Signed on 6/6/18 by Judge Marco A. Hernandez. (kf)

Date Filed

Document Text

December 19, 2018

Filing 23 ORDER - I grant the motion 22 and award Plaintiff's counsel $26,618.25 in attorney's fees under 42 U.S.C. § 406(b). Previously, I awarded Plaintiff attorney's fees in the amount of $6,357.94 under the Equal Acc ess to Justice Act (EAJA), 28 U.S.C. § 2412. When issuing the section 406(b) check for payment to Plaintiffs attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA and send Plaintiffs attorney the balance of $20,260.31, 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 12/19/2018 by Judge Marco A. Hernandez. (mja)

June 6, 2018

Filing 17 Opinion and Order, Commissioner's decision reversed, case remanded for award of benefits. Signed on 6/6/18 by Judge Marco A. Hernandez. (kf)

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Defendant: Commissioner Social Security Administration
Represented By:	Janice E. Hebert
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Plaintiff: Mark J. Kennedy
Represented By:	Richard F. McGinty
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