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Choate v. Commissioner of Social Security Administration, 17-10096. (2018)

Court: District Court, E.D. Michigan Number: infdco20180621c45 Visitors: 11
Filed: Jun. 20, 2018
Latest Update: Jun. 20, 2018
Summary: ORDER GRANTING PLAINTIFF'S PETITION FOR ATTORNEY'S FEES JOHN CORBETT O'MEARA , District Judge . Before the court is Plaintiff's motion for an award of attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). Plaintiff requests attorney's fees in the amount of $8,161.35, representing 41.45 hours of work at approximately $197 per hour. Defendant does not object to Plaintiff's request for attorney's fees. The court may award fees to the prevailing party under
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ORDER GRANTING PLAINTIFF'S PETITION FOR ATTORNEY'S FEES

Before the court is Plaintiff's motion for an award of attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Plaintiff requests attorney's fees in the amount of $8,161.35, representing 41.45 hours of work at approximately $197 per hour. Defendant does not object to Plaintiff's request for attorney's fees.

The court may award fees to the prevailing party under the EAJA "unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust." 28 U.S.C. § 2412(d)(1)(A). In light of Defendant's acquiescence in Plaintiff's request, the court finds an award of fees to be appropriate under the EAJA. In addition, the court finds Plaintiff's counsel's requested hourly rates to be reasonable and in line with market rates. See Montgomery v. Colvin, 2015 WL 6467627 (E.D. Mich. Oct. 27, 2015) (O'Meara, J.).

Accordingly, IT IS HEREBY ORDERED that Plaintiff's petition for attorney's fees is GRANTED.

Source:  Leagle

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