Ward v. Social Security Administration
Filing
18
ORDER granting 14 Motion for Attorney Fees. Attorney for the plaintiff is entitled to an attorney's fee of $3,090.90, together with expenses of $17.37, for a total of $3,108.27, all pursuant to the EAJA. The Commissioner is directed to pay to Plaintiff the amount awarded pursuant to the EAJA. Signed by Judge James M. Moody on 6/5/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JOSEPH L. WARD
V.
PLAINTIFF
2:11CV184 JMM
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration
DEFENDANT
ORDER
Plaintiff has filed a motion for attorney's fees pursuant to the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412 (docket entry #14). Plaintiff seeks an EAJA award for 15.15 hours of
work done at the district court level by her attorney at an hourly rate of $181.00 and 4.65 hours
of work done by a paralegal at an hourly rate of $75.00, for a total fee award of $3,090.90, plus
expenses in the amount of $17.37.
Under the EAJA, a prevailing social security claimant is entitled to an award of
reasonable attorney’s fees and expenses unless the Commissioner’s position in denying benefits
was “substantially justified” or special circumstances make an award unjust. 28 U.S.C. §
2412(d)(1)(A). A claimant who wins a sentence-four remand order, such as the one entered in
this case (docket entries #12, #13), is a prevailing party entitled to EAJA fees. Shalala v.
Schaefer, 509 U.S. 292, 302 (1993).
The Commissioner does not contest Plaintiff’s entitlement to an award of attorney’s fees
and expenses under the EAJA, nor does she object to the hourly rate, and she asserts that the
amount requested by Plaintiff’s attorney is reasonable (docket entry #17). Therefore, the total
number of requested attorney hours (15.15) will be allowed at an hourly rate of $181.00, and the
total number of requested paralegal hours (4.65) will be allowed at an hourly rate of $75.00, for a
total fee award of $3,090.90. Additionally, the Court will approve the requested expenses in the
amount of $17.37.
Accordingly, it is hereby ORDERED
(1) That Plaintiff's motion for attorney's fees pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412 (docket entry #14) is granted;
(2) That Plaintiff's attorney is entitled to an attorney's fee in the amount of $3,090.90,
together with expenses of $17.37, for a total of $3,108.27, all pursuant to the EAJA; and
(3) That the Commissioner is directed to pay to Plaintiff the amount awarded pursuant to
the EAJA.
IT IS SO ORDERED this 5th day of June, 2013.
______________________________
James M. Moody
United States District Judge
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