McCallister v. Social Security Administration
ORDER granting 21 Motion for Attorney Fees in the amount of $3,275.50. The requested $24.44 is authorized as the expense for serving deft by certified mail. Defendant shall certify the award of $3,296.94 and pay this amount. Signed by Magistrate Judge Joe J. Volpe on 6/25/13. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
SADAR D. MCCALLISTER,
CAROLYN W. COLVIN,
Social Security Administration
Before the Court is Plaintiff’s Application for Attorney’s Fees pursuant to the Equal Access
to Justice Act (EAJA), 28 U.S.C. § 2412. The Commissioner responded and offered no objection
to the fees but raises some concern about the requested expenses. So, after careful consideration of
the Motion and Response, the Court finds:
The hours spent by counsel were reasonable and the Court approves attorney fees in
the amount of $3,275.50 (18.7 hours at $175 per hour). Furthermore, the Court concludes that the
requested $24.44 is authorized as the expense for serving Defendant by certified mail through the
United States Postal Service. (Doc. 21-2 at 2.)
The EAJA fee award is payable to Plaintiff and mailed to Plaintiff’s counsel, but
subject to any offset to satisfy any pre-existing debt owed to the United States. Astrue v. Ratliff, --U.S. ----, 130 S.Ct. 2521, 2527, 2010 WL 2346547 (2010).
Defendant shall certify the award of $3,296.94 and pay this amount.
IT IS SO ORDERED this 25th day of June, 2013.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
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