Foster v. Social Security Administration

Filing 27

ORDER granting 24 Motion for Attorney Fees. Plaintiff is awarded $6,316.38 in attorneys fees and $74.03 in costs under the EAJA. Consistent with the Commissioner's usual procedure and in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA attorney's fees should be made payable to Plaintiff, but mailed to the care of Plaintiff's attorney, Howard D. Olinsky, at the attorney's office. Signed by Judge Susan Webber Wright on 9/7/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MELISSA FOSTER,
PLAINTIFF
V.

NANCY A. BERRYHILL, Acting
Commissioner, Social Security
Administration
DEFENDANT

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CASE NO. 3:16CV00105 SWW

ORDER
Before the Court is Plaintiff’s motion for attorney’s fees under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412, [ECF Nos. 24, 25] and the Commissioner’s
response [ECF No. 26].
On January 24, 2017, the Court entered an order and judgment, reversing and
remanding the decision of the Administrative Law Judge, pursuant to the fourth sentence
of § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). Now before the Court is
Plaintiff’s motion seeking a total $6,316.38 in attorney’s fees and expenses totaling
$74.03, and the Commissioner’s response stating no objection and agreeing that the
requested amount is reasonable.
IT IS THEREFORE ORDERED that Plaintiff’s motion for Attorney’s Fees [ECF
No. 24] is GRANTED.

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IT IS FURTHER ORDERED that Plaintiff is awarded $6,316.38 in attorney’s fees
and $74.03 in costs under the EAJA. Consistent with the Commissioner’s usual
procedure and in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding
EAJA attorney’s fees should be made payable to Plaintiff, but mailed to the care of
Plaintiff’s attorney, Howard D. Olinsky, at the attorney’s office.
IT IS SO ORDERED THIS 7TH DAY OF SEPTEMBER, 2017.

/s/Susan Webber Wright

UNITED STATES DISTRICT JUDGE

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