Elawyers Elawyers
Washington| Change

VEST v. COLVIN, 3:12CV00311 JTK. (2014)

Court: District Court, E.D. Arkansas Number: infdco20140403673 Visitors: 7
Filed: Apr. 02, 2014
Latest Update: Apr. 02, 2014
Summary: ORDER JEROME T. KEARNEY, Magistrate Judge. Pending is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 (DE #17). In the motion, Plaintiff requests $2,032.65 in fees and expenses. 1 The Commissioner has no objection. After careful consideration, the Court hereby finds that the motion should be granted and that Plaintiff be awarded reasonable attorney's fees and expenses. EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and s
More

ORDER

JEROME T. KEARNEY, Magistrate Judge.

Pending is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (DE #17). In the motion, Plaintiff requests $2,032.65 in fees and expenses.1 The Commissioner has no objection. After careful consideration, the Court hereby finds that the motion should be granted and that Plaintiff be awarded reasonable attorney's fees and expenses.

EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such fees are subject to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 130 S.Ct. 2521 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff, in care of his attorney, will issue to Plaintiff's attorney.

Accordingly, the Motion for Attorney's Fees (DE #18) is GRANTED. Plaintiff is awarded $2,032.65

IT IS SO ORDERED.

FootNotes


1. Plaintiff requests $2,034.65 but there is a $2.00 calculation error (.70 attorney hours at the rate of $181 per hour, 7.55 attorney hours at the rate of $187 per hour, 6.35 paralegal hours at the rate of $75 per hour, plus expenses in the amount of $17.85).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer