Summary
This United States District Court order grants the plaintiff's motion for attorney fees pursuant to 42 U.S.C. § 406(b) in a Social Security disability case. The court determined the requested fee of $8,459.05 was reasonable under Gisbrecht v. Barnhart and ordered direct payment from the plaintiff's past-due benefits. The order further instructs counsel to refund any excess EAJA fees to the plaintiff after the statutory fees are paid.
Topics
Practice areas
Questions Presented
- Whether the Commissioner’s denial of SSI benefits was proper
- Whether the attorney fees requested under 42 U.S.C. § 406(b) are reasonable and should be awarded
Holdings
- The Court reversed the Commissioner’s decision and remanded for immediate payment of benefits.
- The Court granted the motion for attorney fees, finding the requested amount reasonable.
Key quotations
“Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) is therefore GRANTED.”
Factual background
Plaintiff Joseph C. applied for Supplemental Security Income, was denied by the Social Security Administration, and appealed the denial.
Procedural history
Plaintiff Joseph C. filed a civil action in the District of Oregon challenging the Commissioner’s denial of Supplemental Security Income. The court reversed the denial, remanded for immediate payment, and subsequently awarded attorney fees pursuant to 42 U.S.C. § 406(b).
Remand instructions
Remand for immediate payment of benefits.