Montoya v. Social Security Administration
ORDER granting 15 Motion for Attorney Fees. Signed by Magistrate Judge J. Thomas Ray on 3/6/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NO. 3:13CV00009 JTR
CAROLYN W. COLVIN,
Social Security Administration
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. § 2412.1
Doc. #15. The Commissioner has filed a Response. Doc. #17.
Plaintiff's attorney, Anthony Bartels, requests a total payment of $3,240.80
consisting of: (1) .35 hours of attorney work in 2012 at the adjusted hourly rate of
$181.00 ($63.35); (2) 14.55 hours of attorney work in 2013 at the adjusted hourly rate
of $187.00 ($2,720.85); (3) 5.85 hours of paralegal work at the hourly rate of $75.00
($438.75); and (4) $17.85 in expenses. Counsel also requests that the award be mailed
directly to him based on an assignment executed by Plaintiff.
The Commissioner does not object to the requested amount of fees and
On December 2, 2013, the Court entered a Memorandum Order and Judgment
reversing the Commissioner’s decision and remanding this case for further administrative
proceedings. Docs. #13, #14.
Pursuant to the Supreme Court’s holding in Astrue v. Ratliff, 560 U.S. 586
(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
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Attorney’s Fees and
Expenses Pursuant to the EAJA, Doc. #15, is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $3,240.80 in attorney's
fees and expenses under the EAJA. Consistent with the Commissioner’s usual
procedure in light of Astrue v. Ratliff, 560 U.S. 586 (2010), 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.
DATED this 6th day of March, 2014.
UNITED STATES MAGISTRATE JUDGE
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?