Grady v. Social Security Administration

Filing 19

ORDER granting 16 Motion for Attorney Fees. Signed by Magistrate Judge J. Thomas Ray on 03/06/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
HAROLD GRADY
V.

PLAINTIFF
NO. 2:12CV00101 JTR

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

DEFENDANT

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. #16. The Commissioner has filed a Response. Doc. #18.
Plaintiff's attorney, Anthony Bartels, requests a total payment of $1,909.75
consisting of: (1) 7.45 hours of attorney work in 2012 at the adjusted hourly rate of
$181.00 ($1,348.45); (2) .60 hours of attorney work in 2013 at the adjusted hourly rate
of $187.00 ($112.20); (3) 5.75 hours of paralegal work at the hourly rate of $75.00
($431.25); and (4) $17.85 in expenses. Counsel also requests that the award be mailed
directly to him based on an assignment executed by Plaintiff.
The Commissioner does not object to the requested amount of fees and
expenses.
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On December 2, 2013, the Court entered a Memorandum Order and Judgment
reversing the Commissioner’s decision and remanding this case for further administrative
proceedings. Docs. #13, #14.

Pursuant to the Supreme Court’s holding in Astrue v. Ratliff, 560 U.S. 586
(2010), an award of EAJA fees belongs to the prevailing party, not that party’s lawyer.
Consistent with the Commissioner’s usual procedure, 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.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Attorney’s Fees and
Expenses Pursuant to the EAJA, Doc. #16, is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $1,909.75 in attorney's
fees and expenses under the EAJA. 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.
DATED this 6th day of March, 2014.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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