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)

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