Ellington v. Social Security Administration

Filing 20

ORDER granting 17 Motion for Attorney Fees. Plaintiff is awarded $2,315.47 in fees and expenses under the EAJA. Signed by Magistrate Judge J. Thomas Ray on 7/12/2017. (jak)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION RANDY ELLINGTON V. PLAINTIFF NO. 3:16-CV-00168-JTR NANCY A. BERRYHILL, Acting Commissioner, SOCIAL SECURITY ADMINISTRATION1 DEFENDANT ORDER Before the Court is Plaintiff Randy Ellington’s Motion for Attorney’s Fees and Expenses under the Equal Access to Justice Act (“EAJA”). Doc. 17. The Commissioner does not object to Plaintiff’s request. Doc. 19. Plaintiff’s attorney, Stephanie Bartels Wallace, requests a total award of $2,315.47 ($2,295.40 in attorney and paralegal fees and $20.07 in expenses). The Court concludes that Plaintiff is entitled to an award of attorney’s fees under the EAJA and that the amount requested is reasonable. IT IS HEREBY ORDERED that Plaintiff’s Motion for Attorney’s Fees pursuant to the EAJA, doc. 17, is GRANTED. 1 Nancy A. Berryhill is now the Acting Commissioner and, pursuant to Fed. R. Civ. P. 25(d), is automatically substituted as the Defendant. 1 IT IS FURTHER ORDERED that Plaintiff is awarded $2,315.47 in fees and expenses under the EAJA.2 Dated this 12th day of July, 2017. ____________________________________ UNITED STATES MAGISTRATE JUDGE 2 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 Plaintiff in care of Plaintiff’s attorney at the attorney’s office. 2

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