Terhune v. Commissioner Social Security Administration ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON CHRISTINA T., No. 6:22-cv-00872-HZ Plaintiff, ORDER v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. HERNÁNDEZ, District Judge: Plaintiff Christina T. brought this action seeking review of the Commissioner’s final decision to deny benefits. On June 4, 2023, pursuant to the parties’ stipulated motion, the Court reversed the Commissioner’s decision and ordered that the case be remanded for additional proceedings. Order & J., ECF 16. On April 16, 2024, Plaintiff’s counsel received notice of Plaintiff’s award for benefits. Pl. Mot. Ex. A, ECF 21-1. Plaintiff now seeks an award of fees of $7,609.85 pursuant to 42 U.S.C. § 406(b). Pl. Mot., ECF 22. Defendant has no objection to the request. Id. The Court has reviewed the record in the case, the motion, and the supporting materials including the award of benefits, the fee agreement with counsel, and the recitation of counsel’s hours and services. Applying the standards set by Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002), the Court finds the requested fees reasonable. The Court GRANTS the motion [21] and awards Plaintiff’s counsel $7,609.85 in attorney’s fees under 42 U.S.C. § 406(b). Previously, the Court awarded Plaintiff attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. This award accounts for the EAJA fees previously received by Plaintiff. Any amount withheld after all administrative and court attorney’s fees are paid should be released to the claimant. IT IS SO ORDERED. DATED: _______J_u_n_e__ 2_3_,_ 2__0_2_4_________. ___________________________________ MARCO A. HERNÁNDEZ United States District Judge