Saylor v. Social Security Administration

Filing 23

JUDGMENT in favor of Paul Wayne Saylor against Social Security Administration re 21 Motion for Attorney Fees. EAJA fees are payable to Plaintiff in care of his attorney in the amount of $4,661.32. Signed by Magistrate Judge Jerome T. Kearney on 12/21/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PAUL WAYNE SAYLOR
V.

PLAINTIFF
CASE NO. 3:11CV00141 JTK

MICHAEL J. ASTRUE,
Commissioner, Social
Security Administration

DEFENDANT

JUDGMENT

Pending is Plaintiff’s Motion for Attorney’s Fees under
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412
(docket

entry

#21).

In

the

motion,

Plaintiff

requests

$4,661.32 in attorney’s fees and $98.54 in expenses.

The

Court hereby grants the motion in part.
Courts have generally held that attorneys seeking fees
under the federal fee-shifting statutes present to the Court
fee applications that “include contemporaneous time records of
hours worked and rates claimed, plus a detailed description of
the subject matter of the work with supporting documents, if
any.”

Where the documentation is inadequate, the Court may

reduce the award. See Hensley v. Eckerhart, 461 U.S. 424, 433
(1983).
The Commissioner submits that Plaintiff has requested a
reasonable award of attorney’s fees but objects to the request

of $98.54 in expenses because Plaintiff neither identifies the
nature of the expenses nor provides supporting documentation.
Plaintiff’s

counsel

informed

the

Court

that,

given

the

relatively small amount of expenses requested, he does not
intend to file a Reply to the Response in opposition.
Accordingly, Plaintiff is awarded $4,661.32.
EAJA fees are payable to Plaintiff, not Plaintiff’s
attorney, and such fees are subject to an offset when the
Plaintiff has outstanding federal debts.
Ratliff, 130 S. Ct. 2521 (2010).

See Astrue v.

Therefore, subject to any

offset, payment by check to the order of the Plaintiff, in
care of his attorney, will issue to Plaintiff’s attorney in
the amount of $4,661.32.
IT IS SO ORDERED this 21st day of December, 2012.

___________________________
UNITED STATES MAGISTRATE JUDGE

2