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Gambrell v. Berryhill

United States District Court, D. Oregon

March 22, 2017

GAMBRELL, JAIME Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration Defendant

          George J. Wall, Of Attorneys for Plaintiff, Jaime Gambrell

          PLAINTIFF'S PETITION FOR FEES PER EQUAL ACCESS TO JUSTICE ACT

          MICHAEL W. MOSMAN UNITED STATES DISTRICT JUDGE

         On January 6, 2017 the Court entered a judgment remanding this case to the Commissioner for further administrative proceedings. Plaintiff moves the Court for an order awarding attorney fees in the amount of $8, 321.38 as provided in the Equal Access to Justice Act (EAJA), 28 USC 2412(d).

         Plaintiff's counsel represents claimants in disability matters before the Social Security Administration, the Oregon Workers Compensation Board, and the Office of Workers Compensation Programs of the U.S. Department of Labor. Counsel primarily represents claimants in administrative proceedings, but occasionally represents claimants in appeals, as in the present situation.

         Counsel's Statement of Services is attached as Exhibit A detailing the time expended in this case. Counsel's retainer agreement, providing that Plaintiff has assigned any EAJA fee to her attorney, is attached as Exhibit B.

         Opposing counsel has no objection.

         ORDER AWARDING ATTORNEY FEES PER 28 USC 2412(D)

         It is hereby ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, an attorney fee in the amount of $8, 321.38 is awarded to Plaintiff. It is ordered that the attorney fee will be paid to Plaintiff's attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt, then the check shall be made payable to Plaintiff's attorney, George J. Wall, and mailed to Plaintiff's attorney's mailing address at: 1336 E. Burnside St., Suite 130, Portland OR 97132. If Plaintiff has such debt, then the check for any remaining funds after offset of the debt shall be made payable to Plaintiff and mailed to Plaintiffs attorney's mailing address stated above.

         IT IS SO ORDERDED.

         Exhibit A

         Jamie Gambrell

         Statement of Services

Date

Time

Rate

Total

Description

11/15/2015

0.50

$190.28

$95.14

Review AC decision and record; tcto client

12/14/2015

0.30

$190.28

$57.08

Prepare complaint and summons

12/14/2015

0.20

$190.28

$38.06

Corr with client to update status

6/2/2016

7.50

$192.68

$1, 445.10

Begin review of transcript

6/3/2016

6.75

$192.68

$1, 300.59

Continue research and opening brief preparation

6/6/2016

8.50

$192.68

$1, 637.78

Proof and finalize opening brief

9/26/2016

4.25

$192.68

$818.89

Review defense brief and record

9/27/2016

3.75

$192.68

$722.55

Continue research and reply brief preparation

9/28/2016

3.75

$192.68

$722.55

Proof and finalize reply brief

1/1/2017

1.90

$192.68

$366.09

Review record, prepare for oral argument

1/5/2017

2.40

$192.68

$462.43

Review record, prepare for oral argument

1/5/2017

2.00

$192.68

$385.36

Travel to and attend oral argument

1/6/2017

0.30

$192.68

$57.80

Review order; letter to client

1/18/2017

0.60

$192.68

$115.61

Prepare fee petition

1/26/2017

0.30

$192.68

$57.80

Review stipulated motion of addtl. Findings

2/2/2017

0.20

$192.68

$38.54

Proposed fee petition to opposing counsel

Total

43.20

$192.68

$8, 321.38

         RETAINER ...


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