Godfrey v. Social Security Administration

Filing 19

ORDER granting 16 Motion for Attorney Fees. The Court awards a reasonable attorney's fee of $5,922.00 (32.9 hours at $180 an hour), payable to Godfrey, and costs of $17.13, payable to Godfrey's lawyer. Both checks should be mailed to Godfrey's lawyer. Signed by Judge D. P. Marshall Jr. on 09/19/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

RANDY LEE GODFREY

v.

PLAINTIFF

No. 3:11-cv-40-DPM

MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration

DEFENDANT

ORDER
The motion for attorney's fees and costs, Document No. 16, is granted as
modified. The parties agree that Godfrey is entitled to a reasonable fee in the
wake of this Court's remand, but they dispute various particulars.
First, the Court rejects the Commissioner's request for an across-theboard cut based on the original .25 billing increments; Godfrey's lawyer
submitted a revised time sheet with .10 billing increments, which the Court
will use. Second, the Court likewise rejects the Commissioner's argument
from alleged excessiveness.

The revised timesheet eliminates some

challenged entries. More importantly, the briefing for the Appeals Council
was, it is clear to the Court, the bones and some meat of the briefing here.

Third, the hourly rate: taking into account the Consumer Price Index, as well
as the Equal Access to Justice Act fee awards from past cases within Arkansas,
and the proposed rates provided by each of the parties, the Court believes that
an hourly rate of $180.00 will reasonably compensate the plaintiff's attorney
for the work performed in this case. Theis v. Astrue, 828 F. Supp. 2d 1006, 1009
(E.D. Ark. 2011).
The Court awards a reasonable attorney's fee of $5,922.00 (32.9 hours
at $180 an hour), payable to Godfrey, and costs of $17.13, payable to
Godfrey's lawyer. Both checks should be mailed to Godfrey's lawyer.
So Ordered.

D.P. Marshall Jr.
United States District Judge