Filed: May 13, 2019
Latest Update: May 13, 2019
Summary: ORDER JAMES M. MOODY, JR. , District Judge . Plaintiff has filed a motion for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (docket entry #16). Plaintiff seeks an EAJA award for 37.20 hours of work done at the district court level by her attorney at an hourly rate of $195.55, for a total fee award of $7,274.46. Under the EAJA, a prevailing social security claimant is entitled to an award of reasonable attorney's fees and expenses unless the Commissio
Summary: ORDER JAMES M. MOODY, JR. , District Judge . Plaintiff has filed a motion for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (docket entry #16). Plaintiff seeks an EAJA award for 37.20 hours of work done at the district court level by her attorney at an hourly rate of $195.55, for a total fee award of $7,274.46. Under the EAJA, a prevailing social security claimant is entitled to an award of reasonable attorney's fees and expenses unless the Commission..
More
ORDER
JAMES M. MOODY, JR., District Judge.
Plaintiff has filed a motion for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (docket entry #16). Plaintiff seeks an EAJA award for 37.20 hours of work done at the district court level by her attorney at an hourly rate of $195.55, for a total fee award of $7,274.46.
Under the EAJA, a prevailing social security claimant is entitled to an award of reasonable attorney's fees and expenses unless the Commissioner's position in denying benefits was Asubstantially justified@ or special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A).
The Commissioner does not contest Plaintiff's entitlement to an award of attorney's fees under the EAJA, nor does she object to the hourly rate, and she asserts that the amount requested by Plaintiff's attorney is reasonable (docket entry #17). Therefore, the total number of requested attorney hours (37.2) will be allowed at an hourly rate of $195.55 for a total fee award of $7,274.46.
Accordingly, it is hereby ORDERED
(1) That Plaintiff's motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (docket entry #16) is granted;
(2) That Plaintiff's attorney is entitled to an attorney's fee in the amount of $7,274.46 all pursuant to the EAJA; and
(3) That the Commissioner is directed to pay to Plaintiff the amount awarded pursuant to the EAJA.
IT IS SO ORDERED.
