Irvin v. Social Security Administration

Filing 21

ORDER granting 15 Plaintiff's Motion for Attorney Fees & costs & awarding attorney's fees of $1,628.65 & costs of $16.14, for a total award of $1,644.79, under the EAJA. Signed by Magistrate Judge Beth Deere on 12/8/08. (jct)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION C H R I S T O P H E R IRVIN v. M I C H A E L J. ASTRUE, C o m m iss io n e r , Social Security Administration ORDER P la in tif f has moved for an award of attorney's fees and costs (docket entry #15) u n d e r the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA). He requests fees in the a m o u n t of $1,628.65 and costs in the amount of $16.14. The Commissioner does not o b je c t to Plaintiff's request (#20). Under 28 U.S.C. § 2412(d)(1)(A), the court must award attorney's fees to a p re v a ilin g social security claimant unless the Commissioner's position in denying benefits w a s substantially justified. The Court has reviewed the time records and agrees with both P la in tif f and the Commissioner that a total award of $1,644.79 is reasonable under the E A JA . A c c o rd in g ly, the Court GRANTS Plaintiff's application for attorney's fees under th e EAJA (#15) and hereby awards $1,628.65 in fees and $16.14 in costs, for a total a w a rd of $1,644.79. CASE NO. 3:07CV00120 BD P L A IN T IF F

DEFENDANT

IT IS SO ORDERED this 8th day of December, 2008.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE

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