Macmurtrie v. Commissioner of Social Security Administration ( 2023 )

WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9|| Jesus Macmurtrie, No. CV-20-00412-TUC-JCH (JR) 10 Plaintiff, ORDER vy. Commissioner of Social — Security B Administration, 4 Defendant. 15 Before the Court is Plaintiff's "Motion for Attorney Fees Under 42 U.S.C. 16|| §406(b)." Doc. 36. The Motion is fully briefed, and the Commissioner does not object. 17|| See Docs. 37, 38. Plaintiff's requested fees of $12,000 are reasonable under 42 U.S.C. || § 406(b). See Gisbrecht v. Barnhart, 535 U.S. 789 (2002). 19 Therefore, 20 IT IS ORDERED GRANTING Plaintiff's Motion (Doc. 36). Under U.S.C. 1 § 406(b), reasonable fees in the amount of $12,000 are hereby awarded to Plaintiff's attorney, John E. Phillips. Previously this Court awarded Plaintiff EAJA fees of || $2,046.40, to be paid by the government and not out of Plaintiff's past-due benefits □□ Plaintiff's attorney is to refund the lesser of the two fees. 25 Dated this 22nd day of May, 2023. ° Vo hr he a es John C. Hinderaker 28 United States District Judge