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Clayton v. Saul, 3:18-CV-00171-JTR. (2019)

Court: District Court, E.D. Arkansas Number: infdco20190920702 Visitors: 4
Filed: Sep. 19, 2019
Latest Update: Sep. 19, 2019
Summary: ORDER J. THOMAS RAY , Magistrate Judge . Pending before the Court is Plaintiff's Motion requesting an award of attorney's fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. 1 Doc. 18. The Commissioner has filed a Response. Doc. 20. Plaintiff's attorney, Stephanie Bartels Wallace, requests a total payment of $3,661.17 consisting of: (1) 1.05 hours of attorney work in 2018 at an hourly rate of $202.00 ($212.10); (2) 14.55 hours of attorney work in 2019 a
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ORDER

Pending before the Court is Plaintiff's Motion requesting an award of attorney's fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412.1 Doc. 18. The Commissioner has filed a Response. Doc. 20. Plaintiff's attorney, Stephanie Bartels Wallace, requests a total payment of $3,661.17 consisting of: (1) 1.05 hours of attorney work in 2018 at an hourly rate of $202.00 ($212.10); (2) 14.55 hours of attorney work in 2019 at an hourly rate of $205.00 ($2,982.75); (3) 5.95 hours of paralegal work at an hourly rate of $75.00 ($446.25); and (4) expenses of $20.07. The Commissioner consents to an award in the amount stated in Plaintiff's Motion.

The Court concludes that: (1) Plaintiff is entitled to an award of attorney's fees and expenses under the EAJA; and (2) the amount requested is reasonable.

IT IS THEREFORE ORDERED that Plaintiff's Motion for Attorney's Fees Pursuant to the EAJA, Doc. 18, is GRANTED, as stated herein.

IT IS FURTHER ORDERED that Plaintiff is awarded $3,661.17 in attorney's fees and expenses under the EAJA.2

FootNotes


1. On July 16, 2019, the Court entered an Order reversing the Commissioner's denial of benefits and remanding the case for further consideration. Doc. 16.
2. Consistent with the Commissioner's usual procedure in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA fees should be made payable to Plaintiff, but mailed to the care of Plaintiff's attorney at the attorney's office.
Source:  Leagle

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