Burton v. Social Security Administration
ORDER granting 15 Motion for Attorney Fees. Plaintiff is awarded $2300.58 in attorney's fees and expenses under the EAJA. Signed by Magistrate Judge J. Thomas Ray on 6/18/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
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. Plaintiff's attorney, Anthony Bartels, requests a total payment of $2300.582
consisting of: (1) .75 hours of attorney work in 2013 at the adjusted hourly rate of
$187.00 ($140.25); (2) 9.15 hours of attorney work in 2014-15 at the adjusted hourly
rate of $191.00 ($1747.65); (3) 5.25 hours of paralegal work at the hourly rate of
$75.00 ($393.75); and (3) $18.93 in expenses. The Commissioner does not object to
Plaintiff’s request. Doc. 17.
Under these circumstances, the Court concludes that Plaintiff is entitled to an
award of attorney’s fees under the EAJA, and that the amount requested is reasonable.
On March 20, 2015, the Court entered an Order and Judgment reversing the Commissioner’s
decision and remanding this case for further administrative proceedings. Docs. 13, 14.
Plaintiff’s Motion erroneously states that the amount requested is $2306.19, which is
contrary to counsel’s itemization, Doc. 16-1, at 11-13.
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 $2300.58 in attorney's
fees and expenses under the EAJA.3
DATED this 18th day of June, 2015.
UNITED STATES MAGISTRATE JUDGE
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.
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