Pickett v. Social Security Administration

Filing 28

ORDER denying 22 Defendant's Motion to Amend or Alter Judgment; denying Plaintiff's 24 Supplemental Motion for Attorney Fees. The Court adopts its previous finding that the proper amount of fees & expenses to be awarded in this case is $2,075.25, & finds this amount should be awarded to Plaintiff's counsel. The Commissioner is directed to certify this award & pay Plaintiff's counsel this amount. Signed by Magistrate Judge Henry L. Jones, Jr on 10/10/08. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION ROSA PICKETT vs. Civil Case No. 3:05CV00251 HLJ PLAINTIFF

MICHAEL J. ASTRUE, Commissioner, Social Security Administration ORDER

DEFENDANT

The Eighth Circuit Court of Appeals recently decided in Ratliff v. Astrue, 540 F.3d 800, 801 (8th Cir. 2008), that attorney's fees awarded under the Equal Access to Justice Act (EAJA) are awarded to the attorneys for the prevailing parties, rather than to the parties themselves. Pursuant to Ratliff, Defendant's Motion to Alter or Amend Judgment (DE # 22) is hereby denied. The court previously awarded Plaintiff attorney's fees and

expenses in the amount of $2075.25.

Plaintiff's counsel has filed a

Supplemental Motion for an Award of Attorney's Fees and Other Expenses Under the Provisions of the Equal Access to Justice Act (DE # 24), seeking compensation for 31.9 for an additional hours amount of in $5,167.80 responding as to

compensation

attorney

incurred

Defendant's motion.

The court cannot grant counsel's motion, because

the affidavit attesting to the amount of time expended by counsel who actually prepared the reply to the motion is not signed or notarized. Defendant's Motion to Alter or Amend Judgment (DE # 22) and Plaintiff's supplemental motion for attorney's fees (DE # 24) are denied. The court adopts its previous finding that the proper amount

of fees and expenses to be awarded in this case is $2075.25, and finds this amount should be awarded to Plaintiff's counsel. The

Commissioner is directed to certify this award and pay Plaintiff's counsel this amount. SO ORDERED this 10th day of October, 2008.

United States Magistrate Judge

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