Wilson v. Social Security Administration
Filing
22
ORDER granting 19 Plaintiff's Motion for Attorney Fees. It is further ordered that Plaintiff is awarded $1,714.22 in attorney's fees and expenses under the EAJA. Signed by Magistrate Judge Jerry W. Cavaneau on 03/01/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BARBARA WILSON
V.
PLAINTIFF
NO. 3:11CV00074-JWC
CAROLYN W. COLVIN,1
Acting Commissioner,
Social Security Administration
DEFENDANT
ORDER
Pending before the Court is Plaintiff’s motion requesting an award of attorney’s
fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.2
(Doc. 19.) The Commissioner has responded. (Doc. 21.)
Plaintiff's attorney, Anthony Bartels, requests a total award of $1,714.22,
consisting of: (1) 7.10 hours of attorney work in 2011 and 2012 at the adjusted hourly
rate of $181.00 ($1,285.10); (2) 5.50 hours of paralegal work at the hourly rate of
$75.00 ($412.50); and (3) $16.62 in expenses for serving Plaintiff’s complaint via
certified mail. Mr. Bartels also requests that the award be mailed directly to him based
1
Carolyn W. Colvin became Acting Commissioner of Social Security on February 14,
2013, and is automatically substituted as Defendant in this matter for Michael J. Astrue,
pursuant to Fed. R. Civ. P. 25(d).
2
On September 25, 2012, the Court entered a Memorandum Order and Judgment
reversing the Commissioner’s decision and remanding this case for further administrative
proceedings. (Docket entries #17, #18.)
on an assignment executed by Plaintiff.
The Commissioner does not object to the requested amount of fees and
expenses.
Pursuant to the United States Supreme Court’s holding in Astrue v. Ratliff, 130
S. Ct. 2521 (2010), an award of EAJA fees belongs to the prevailing party, not that
party’s lawyer. Consistent with the Commissioner’s usual procedure, the check
awarding EAJA fees should be made payable to Plaintiff, but mailed to the care of
Plaintiff’s attorney at the attorney’s office.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Award of
Attorney’s Fees and Expenses Under the EAJA (doc. 19) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $1,714.22 in attorney's
fees and expenses under the EAJA.
DATED this 1st day of March, 2013.
____________________________________
UNITED STATES MAGISTRATE JUDGE
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?