October 31, 2013
DARYL GIBSON, Plaintiff,
COMMISSIONER of Social Security, Defendant.
WILBORN LAW OFFICE, P.C., TIM WILBORN, Attorney at Law OSB # 944644, Las Vegas, NV, Attorney for Plaintiff.
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.