McCallister v. Social Security Administration

Filing 24

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION SADAR D. MCCALLISTER, * * * * * * * * * * Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration Defendant. No. 2:12CV00099-JJV ORDER 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: 1. 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.) 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). 3. 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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