Browning v. Social Security Administration

Filing 24

ORDER approving attorney fees in the amount of $3,050.50; directing the award of EAJA fees be paid directly to Plaintiff's counsel subject to any offset to satisfy any pre-existing debt owed to the U.S.; and directing Defendant certify said award and pay Plaintiff's attorney this amount. Signed by Magistrate Judge Joe J. Volpe on 7/31/2013. (srw)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION CARLA JEAN BROWNING, * * * * * * * * * * Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. No. 2:12CV00126-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 Commissioner1 responded and offered no objection to the fees requested but states costs are not authorized under EAJA. After careful consideration of the Motion and Response, the Court finds: 1. The hours spent by counsel were reasonable. Therefore, the Court approves attorney fees in the amount of $3,050.50 (17.3 attorney hours at $175.00 + $23.00 in expenses). Although costs are not reimbursable, the Petition explains the additional $23.00 was the expense of certified mailing. 2. The award of EAJA fees shall be paid directly to Plaintiff’s counsel subject to any offset to satisfy any pre-existing debt owed to the United States. Astrue v. Ratliff, 560 U.S. ----, 130 S.Ct. 2521, 2527, 2010 WL 2346547 (2010). 3. Defendant shall certify said award and pay Plaintiff’s attorney this amount. 1 Carolyn W. Colvin was sworn in as Acting Commissioner of the Social Security Admin-istration on February 14, 2013, replacing Michael Astrue. She has therefore been substituted as the defendant in this case pursuant to Fed.R.Civ.P. 25(d)(1). 1 IT IS SO ORDERED this 31st day of July, 2013. __ ________________________________ JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE 2

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