Stacy v. Social Security Administration
Filing
20
ORDER granting 17 Motion for Attorney Fees. Plaintiff is awarded $2,262.03 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. Signed by Magistrate Judge J. Thomas Ray on 8/18/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
ANGIE STACY
V.
PLAINTIFF
NO. 3:13CV00233-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. 17. The Commissioner has filed a Response. Doc. 19.
Plaintiff's attorney, Anthony Bartels, requests a total payment of $2,262.03
consisting of: (1) 10.05 hours of attorney work in 2013-14 at the adjusted hourly rate
of $187.00 ($1,879.35); (2) 4.85 hours of paralegal work at the hourly rate of $75.00
($363.75); and (4) $18.93 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
expenses.
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On April 8, 2014, the Court entered a Memorandum Order and Judgment reversing
the Commissioner’s decision and remanding this case for further administrative proceedings.
Docs. 15 & 16.
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. 17, is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $2,262.03 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 _18th_ day of August, 2014.
____________________________________
UNITED STATES MAGISTRATE JUDGE
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