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McCarley v. Colvin

United States District Court, D. Oregon

August 6, 2014

MICHAEL McCARLEY, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner, Social Security Administration, [1] Defendant.

STEVEN J. MUNSON, H. Peter Evans PC, Portland, OR, Attorneys for Plaintiff.

S. AMANDA MARSHALL, United States Attorney, ADRIAN L. BROWN, Assistant United States Attorney, Portland, OR, DAVID MORADO, Regional Chief Counsel, FRANCO L. BECIA, Special Assistant United States Attorney, Social Security Administration, Seattle, WA, Attorneys for Defendants.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

This matter comes before the Court on Plaintiff's Motion for Authorization of Attorneys' Fees (#17) Pursuant to 42 U.S.C. § 406(b). For the following reasons, the Court DENIES Plaintiff's Motion with leave to renew upon a showing of good cause for the failure to file the Motion timely.

BACKGROUND

On April 4, 2011, Plaintiff filed a Complaint in which he sought judicial review of a final decision of the Commissioner of the Social Security Administration denying Plaintiff's application for Disability Insurance Benefits (DIB) under Title II of the Social Security Act.

On June 26, 2012, this Court issued an Opinion and Order reversing the Commissioner's decision and remanding the matter for the calculation and award of benefits pursuant to sentence four of 42 U.S.C. § 405(g).

On September 2, 2012, the Social Security Administration (SSA) sent Plaintiff a Notice of Award.

On May 29, 2014, Plaintiff filed a Motion for Authorization of Attorney Fees pursuant to 42 U.S.C. § 406(b) in which he seeks $7, 164 in attorneys' fees for work performed in this matter before this Court.

DISCUSSION Local Rule 4000-8 provides in pertinent part:

Plaintiff shall submit any application for attorneys' fees under 42 U.S.C. § 406(b) within 60 days after plaintiff's federal court attorney has received all of the Notices of Award which are necessary to calculate the total amount of retroactive benefits payable. An application submitted beyond the 60-day period will be deemed timely only upon a showing of good cause for the delay.

As noted, the SSA issued a Notice of Award to Plaintiff on September 2, 2012. Plaintiff did not file his Motion seeking attorneys' fees pursuant to § 406(b) until May 29, 2014. Accordingly, it appears on this record that Plaintiff's Motion seeking attorneys' fees is untimely pursuant to Rule 4000-8. The Court, therefore, denies Plaintiff's Motion. Nevertheless, the Court grants Plaintiff leave to show good cause for his failure to request fees under § 406(b) for nearly two years after the SSA sent Plaintiff the Notice of Award.

CONCLUSION

For these reasons, the Court DENIES Motion for Authorization of Attorneys' Fees (#17) Pursuant to 42 U.S.C. § 406(b). The Court, however, GRANTS Plaintiff leave to show good cause for his failure to request attorneys' fees timely under § 406(b) and to renew his Motion no later than August 26, 2014.

IT IS SO ORDERED.


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