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Gibson v. Commissioner of Social Security

United States District Court, Ninth Circuit

October 31, 2013

DARYL GIBSON, Plaintiff,
v.
COMMISSIONER of Social Security, Defendant.

WILBORN LAW OFFICE, P.C., TIM WILBORN, Attorney at Law OSB # 944644, Las Vegas, NV, Attorney for Plaintiff.

ORDER

MARCO A. HERNANDEZ, District Judge.

Attorney fees in the amount of $12, 858.25 are hereby awarded to Plaintiffs attorney pursuant to 42 U.S.C. § 406(b). The court finds this is a reasonable fee. Previously, this court awarded $4, 869.70, pursuant to the Equal Access to Justice Act (BAJA), 28 U.S.C. § 2412. When issuing the § 406(b) check, the agency is directed to subtract the amount previously awarded under the BAJA, and to send to Plaintiffs attorney at his current address shown above the balance of $7, 988.55, minus any user fee. Any amount withheld (including the BAJA fee offset) after all administrative and court attorneys fees are paid should be released to the claimant.


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