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DEPUY v. COLVIN, 8:14CV10. (2016)

Court: District Court, D. Nebraska Number: infdco20160323d70 Visitors: 9
Filed: Mar. 21, 2016
Latest Update: Mar. 21, 2016
Summary: ORDER CHERYL R. ZWART , Magistrate Judge . This matter is before the court upon Plaintiff's application for attorney fees pursuant to 206(b)(1) of the Social Security Act, 42 U.S.C. 406(b)(1). Defendant has no objection to the awarding of fees and expenses in the amount of $3,004.75, the amount requested by Plaintiff's counsel for work done at the federal court level. This amount represents 17.17 hours of attorney work at $175.00 per hour. The Plaintiff was the prevailing party in this
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ORDER

This matter is before the court upon Plaintiff's application for attorney fees pursuant to § 206(b)(1) of the Social Security Act, 42 U.S.C. § 406(b)(1). Defendant has no objection to the awarding of fees and expenses in the amount of $3,004.75, the amount requested by Plaintiff's counsel for work done at the federal court level. This amount represents 17.17 hours of attorney work at $175.00 per hour.

The Plaintiff was the prevailing party in this action; the Commissioner's decision was reversed and the matter was remanded for further proceedings; the position of the Commissioner was not substantially justified; the application for fees was filed in a timely fashion; and the Plaintiff's net worth did not exceed $2 million when the action was filed. Plaintiff therefore is entitled to an award of reasonable attorney fees, and the requested amount is reasonable.

Accordingly,

IT IS ORDERED:

1) Plaintiff's application for attorneys fees (filing no. 23) is granted; and 2) By separate document, the court will enter judgment for Plaintiff and against Defendant providing that Plaintiff is awarded attorney fees of $3,004.75.
Source:  Leagle

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