Troy J. v. Commissioner, Social Security Administration

Summary

The United States District Court for the District of Oregon grants Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b) following a remand and subsequent award of Social Security benefits. The Court awards $23,919.75, directs deduction of the $7,274.55 previously paid under the Equal Access to Justice Act, and orders payment of the remaining balance to Plaintiff’s attorney, subject to applicable processing fees.

Holdings

1. The requested $23,919.75 attorney's fee was reasonable under the standards established in Gisbrecht v. Barnhart and was awarded under 42 U.S.C. § 406(b).
2. The Commissioner must subtract the $7,274.55 previously received under EAJA from the § 406(b) payment and pay counsel the remaining $16,645.20, less applicable statutory processing fees; any remaining withheld amount must be released to Plaintiff after all authorized administrative and court fees are paid.

Questions Presented

1. Whether Plaintiff's counsel should receive $23,919.75 in attorney's fees under 42 U.S.C. § 406(b).
2. Whether the previously received EAJA fee of $7,274.55 must be deducted from the § 406(b) payment.

Disposition

other