Filed: Dec. 01, 2017
Latest Update: Dec. 01, 2017
Summary: ORDER AMANDA ARNOLD SANSONE , Magistrate Judge . This cause comes before the Court on Plaintiff's Consent Petition for Attorney Fees. (Doc. 27). Plaintiff asserts that the Commissioner does not oppose the requested relief. ( Id. at 3). Plaintiff seeks attorney's fees in the amount of $6,913.37 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. Plaintiff asks for $770.72 in fees for work performed on the case in 2016, calculated at a rate of $192.68 per hour for 4 hou
Summary: ORDER AMANDA ARNOLD SANSONE , Magistrate Judge . This cause comes before the Court on Plaintiff's Consent Petition for Attorney Fees. (Doc. 27). Plaintiff asserts that the Commissioner does not oppose the requested relief. ( Id. at 3). Plaintiff seeks attorney's fees in the amount of $6,913.37 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. Plaintiff asks for $770.72 in fees for work performed on the case in 2016, calculated at a rate of $192.68 per hour for 4 hour..
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ORDER
AMANDA ARNOLD SANSONE, Magistrate Judge.
This cause comes before the Court on Plaintiff's Consent Petition for Attorney Fees. (Doc. 27). Plaintiff asserts that the Commissioner does not oppose the requested relief. (Id. at 3).
Plaintiff seeks attorney's fees in the amount of $6,913.37 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Plaintiff asks for $770.72 in fees for work performed on the case in 2016, calculated at a rate of $192.68 per hour for 4 hours, and $6,142.65 in fees for work performed on the case in 2017, calculated at a rate of $195.26 per hour for 31 hours.2
The Court entered an order reversing and remanding the case under sentence four of 42 U.S.C. § 405(g) to the Commissioner for further administrative proceedings. (Doc. 25). The Clerk entered judgment in favor of Plaintiff the next day. (Doc. 26). As the prevailing party, Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(a)(1) & (d)(1)(A). As judgment for Plaintiff was entered on September 14, 2017, and Plaintiff filed her Petition for Attorney's Fees on November 29, 2017, the Court has jurisdiction to award the requested fees. See 28 U.S.C. § 2412(d)(1)(B).3
After issuance of an order awarding EAJA fees, however, the United States Department of the Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to Plaintiff's counsel. (Doc. 27-1, pp. 2-3).
For the reasons set out in Plaintiff's motion, therefore, it is hereby ORDERED:
1. Plaintiff's Consent Petition for Attorney Fees (Doc. 27) is GRANTED.
2. Plaintiff is awarded $6,913.37 in attorney's fees pursuant to the EAJA.
DONE AND ORDERED.
