Davis v. Social Security Administration

Filing 18

ORDER granting 15 Plaintiff's Motion for Attorney Fees. It is further ordered that Plaintiff is awarded $2,141.47 in attorney's fees and expenses under the EAJA. Signed by Magistrate Judge J. Thomas Ray on 03/05/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
KENNETH DAVIS II
V.

PLAINTIFF
NO. 3:11CV00177-JTR

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 (Docket entry #15.) The Commissioner has filed a Response. (Docket
entry #17.)
Plaintiff's attorney, Anthony Bartels, requests a total payment of $2,141.47,
consisting of: (1) 9.85 hours of attorney work in 2011-12 at the adjusted hourly rate
of $181.00 ($1,782.85); (2) 4.55 hours of paralegal work at the hourly rate of $75.00
($341.25); and (3) $17.37 in expenses for serving Plaintiff’s Complaint via certified
mail. He also requests that the award be mailed directly to him based on an
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 August 27, 2012, the Court entered a Memorandum Order and Judgment
reversing the Commissioner’s decision and remanding this case for further administrative
proceedings. (Docket entries #13, #14.)

assignment executed by Plaintiff.
The Commissioner does not object to the requested amount of fees and
expenses.
Pursuant to the 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 Attorney’s Fees and
Expenses Pursuant to the EAJA (docket entry #15) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $2,141.47 in attorney's
fees and expenses under the EAJA.
DATED this _5th_ day of March, 2013.

____________________________________
UNITED STATES MAGISTRATE JUDGE

2