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Hancock v. Colvin

United States District Court, D. Oregon

February 28, 2014

ELLEN HANCOCK, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

Linda S. Ziskin, Ziskin Law Office, Las Vegas, NV, Attorney for Plaintiff.

Adrian L. Brown, U.S. Attorney's Office, District of Oregon, Portland, OR, Richard Rodriguez, Terrye Erin Shea, Office of the General Counsel, Social Security Administration, Seattle, WA, Attorneys for Defendant.

ORDER

MARCO A. HERNANDEZ, District Judge.

Plaintiff Ellen Hancock brought this action seeking review of the Commissioner's decision to deny her application for disability benefits. Judge Hogan reversed the Commissioner's decision and remanded for additional proceedings. Nov. 24, 2010 Order [32]. On remand, Plaintiff was awarded benefits.

Plaintiff initially filed a motion for attorney fees [60] pursuant to 42 U.S.C. § 406(b), but after conferring with Defendant, filed a stipulated motion for attorney fees [69]. I have 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), I find the requested fees reasonable.

The initial motion for attorney fees [60] is denied as moot. I grant the stipulated motion [69] and award Plaintiff's counsel $32, 320.00 in attorney's fees under 42 U.S.C. § 406(b). Previously, Judge Hogan awarded Plaintiff attorney's fees in the amount of $7, 499.99 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Mar. 1, 2011 Order [35]. When issuing the section 406(b) check for payment to Plaintiff's attorney, the Commissioner is directed to subtract the amount previously awarded under EAJA.

Therefore, the Commissioner is directed to send Plaintiff's attorney the balance of $24, 820.01, less any applicable processing fees as allowed by statute.

IT IS SO ORDERED.


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