Niceschwander v. Social Security Administration

Filing 16

ORDER granting 14 Motion for Attorney Fees. Plaintiff is awarded $5,771.93 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 attorneys office. Signed by Magistrate Judge J. Thomas Ray on 10/15/2014. (jak)

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

MELISSA NICESCHWANDER
V.

PLAINTIFF

NO. 3:13CV00167-JTR

CAROLYN W. COLVIN,
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. § 2412.1 Doc. 14. The Commissioner has filed a Response. Doc. 15.
Plaintiff's attorney, David Throesch, requests a total payment of $5,771.93
consisting of: (1) 27.66 hours of attorney work in 2013 at the adjusted hourly rate of
$182.79 ($5,055.97); and (2) 3.84 hours of attorney work in 2014 at the adjusted
hourly rate of $186.45 ($715.96). Counsel also requests that the award be paid
directly to him based on an assignment executed by Plaintiff. Doc. 14-2, at 10; Doc.
14-3.
The Commissioner does not object to the requested amount of fees and

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On June 23, 2014, the Court entered a Memorandum Opinion and Order, and a
Judgment, remanding this case for further administrative proceedings. Docs. 12, 13.

expenses, but does object to direct payment to counsel. 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 attorney’s
office.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Attorney’s Fees and
Expenses Pursuant to the EAJA, Doc. 14, is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $5,771.93 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 _15th_ day of October, 2014.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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