Kari E. Trescott v. Commissioner, Social Security Administration

Summary

The United States District Court for the District of Oregon granted Kari E. Trescott’s unopposed motion for attorney fees under 42 U.S.C. § 406(b) following a remand and subsequent award of Social Security benefits. The court awarded $27,398.25, offset prior EAJA and administrative fee awards, and directed payment of $11,385.98 to plaintiff’s attorney from withheld past-due benefits.

Holdings

1. The requested $27,398.25 attorney fee award was reasonable under the standards established in Gisbrecht v. Barnhart and was therefore granted.
2. The prior EAJA award of $6,812.27 and administrative fees of $9,200.00 were to be offset against the § 406(b) award, resulting in a direct payment of $11,385.98, less applicable processing or user fees, from withheld past-due benefits.

Questions Presented

1. Whether Plaintiff's requested attorney fee award under 42 U.S.C. § 406(b) was reasonable.
2. Whether the § 406(b) award should be offset by previously awarded EAJA and administrative fees and paid directly from withheld past-due benefits.

Disposition

other