Sowden v. Commissioner Social Security Administration, No. 3:2016cv02310 - Document 29 (D. Or. 2019)

Court Description: OPINION AND ORDER: Plaintiff's Motion 28 is GRANTED. The agency is directed to issue § 406(b) check directly to plaintiff's counsel, minus any user fee. Any amount withheld after all administrative and attorney fees are paid should be released directly to Plaintiff. Please access entire text by document number hyperlink. Signed on 10/28/2019 by Magistrate Judge Mark D. Clarke. (rsm) Modified on 10/29/2019 (rsm) to add Opinion. Modified on 10/29/2019 (rsm) to correct filing date. Docket entry regenerated to the parties.

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Sowden v. Commissioner Social Security Administration Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION Civ. No. 3:16-cv-02310-CL JEFF SOWDEN, Plaintiff, OPINION & ORDER V. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. CLARKE, Magistrate Judge. This case comes before the Court on an unopposed motion for attorney fees (#28) under 42 U.S.C. § 406(b). Plaintiff moves the Court for approval of $9,575.51 in fees, reduced by $4,383.98 Equal Access to Justice Act ("EAJA") fees already awarded, for a total of $5,191.53. A fee awarded pursuant to 42 U.S.C. § 406(b) cannot exceed 25% of the retroactive benefits. Crawfordv. Astrue, 586 F.3d 1142, 1147 (9th Cir. 2009). The fee being requested, combined with the $6,000 agency fee already awarded, is 25% of the retroactive benefits ($62,302.04) awarded to Plaintiff. Having reviewed the proceedings and the amount of fees sought, the Court Page I - OPINION & ORDER Dockets.Justia.com concludes that Plaintiffs counsel is entitled to the $9,575.51 in fees requested, minus $4,383.98 EAJA fees, for a total of $5,191.53. Plaintiffs Motion (#28) is GRANTED. The agency is directed to issue the§ 406(b) check directly to Plaintiffs counsel, minus any user fee. Any amount withheld after all administrative and attorney fees are paid should be released directly to Plaintiff. IT IS SO ORDERED AND DATED t h i s ~ day of United States Magistrate Judge Page 2 - OPINION & ORDER

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