Browning v. Social Security Administration
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CARLA JEAN BROWNING,
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 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:
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
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).
Defendant shall certify said award and pay Plaintiff’s attorney this amount.
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).
IT IS SO ORDERED this 31st day of July, 2013.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
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