Smith v. Saul, 8:18-CV-240. (2019)
Court: District Court, D. Nebraska
Number: infdco20190924c52
Visitors: 4
Filed: Sep. 23, 2019
Latest Update: Sep. 23, 2019
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD , Chief District Judge . This matter is before the Court upon the plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. 2412(d) (filing 21). The defendant has no objection to awarding of fees and expenses in the amount of $4,176.02, which represents 19.7 hours of work at a rate of $201.60 per hour and 1 hour of work at a rate of 204.50 per hour. 1 Filing 21-2 at 1. The Court has determined that plaint
Summary: MEMORANDUM AND ORDER JOHN M. GERRARD , Chief District Judge . This matter is before the Court upon the plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. 2412(d) (filing 21). The defendant has no objection to awarding of fees and expenses in the amount of $4,176.02, which represents 19.7 hours of work at a rate of $201.60 per hour and 1 hour of work at a rate of 204.50 per hour. 1 Filing 21-2 at 1. The Court has determined that plainti..
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MEMORANDUM AND ORDER
JOHN M. GERRARD, Chief District Judge.
This matter is before the Court upon the plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (filing 21). The defendant has no objection to awarding of fees and expenses in the amount of $4,176.02, which represents 19.7 hours of work at a rate of $201.60 per hour and 1 hour of work at a rate of 204.50 per hour.1 Filing 21-2 at 1.
The Court has determined that plaintiff was the prevailing party in this action, as the Commissioner's decision was reversed and the case was remanded to the Commissioner for further proceedings; that the application for fees was filed in a timely fashion;2 and that the position of the Commissioner was not substantially justified because the administrative law judge made findings that were not supported by substantial evidence. See Koss v. Sullivan, 982 F.2d 1226 (8th Cir. 1993). Therefore, the plaintiff is entitled to an award of attorney fees.
IT IS ORDERED:
1. The plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (filing 21) is granted.
2. By separate document, the Court shall enter judgment for the plaintiff and against the defendant providing that the plaintiff is awarded attorney fees of $4,176.02.
FootNotes
1. The maximum hourly fee of $125 specified in 28 U.S.C. § 2412(d)(1)(D)(2)(A) was adjusted to account for inflation. See filing 21-1 at 2-3.
2. An Equal Access to Justice Act application based on a district court judgment remanding a case pursuant to sentence four of 42 U.S.C. § 405(g) must be filed no later than 30 days after the sentence four judgment has been entered and the appeal period has run such that the judgment is no longer appealable. See Pottsmith v. Barnhart, 306 F.3d 526, 527-28 (8th Cir. 2002); see also Shalala v. Schaefer, 509 U.S. 292, 302 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 94-97 (1991).
Source: Leagle
