Summary
This amended order from the United States District Court for the District of Oregon grants the plaintiff's motion for attorney fees pursuant to 42 U.S.C. § 406(b) in a Social Security disability appeal. Following a reversal of the Commissioner's benefit denial and a remand for further proceedings, the court determined the requested fees were reasonable under Gisbrecht v. Barnhart. The court awarded $35,599.25 in fees, offset by a prior Equal Access to Justice Act award, directing a net payment of $27,359.49 to plaintiff's counsel from withheld past-due benefits.
Topics
Practice areas
Questions Presented
- Whether plaintiff is entitled to attorney fees under 42 U.S.C. § 406(b) and whether the fee amount is reasonable.
Holdings
- The Court grants plaintiff’s motion for attorney fees pursuant to 42 U.S.C. § 406(b) and finds the requested fees reasonable.
Key quotations
“Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) is hereby GRANTED, and Plaintiff’s counsel is awarded $35,599.25 in attorney’s fees under 42 U.S.C. § 406(b).” (at 1)
Factual background
Lisa D. Jensen was denied disability benefits by the Social Security Administration. After district court review, the Commissioner found her entitled to benefits beginning November 2017. Jensen now seeks attorney fees for the litigation.
Procedural history
Plaintiff filed suit on 7 Oct 2021 challenging the SSA’s denial of benefits. The district court reversed the denial and remanded. Plaintiff then filed a motion for attorney fees under 42 U.S.C. § 406(b).
Remand instructions
Remand for further administrative proceedings consistent with the reversal of the Commissioner’s denial.