Taylor v. Social Security Administration

Filing 23

ORDER granting 20 Motion for Attorney's fees. Plaintiff is awarded $2,582.02 in attorney's fees and expenses under the EAJA. 18 Motion is denied as moot. Signed by Magistrate Judge J. Thomas Ray on 6/11/2018. (jak)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
EVELYN TAYLOR
V.

PLAINTIFF
NO. 3:17-CV-00255-JTR

NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
performing the duties and functions not reserved
to the Commissioner of Social Security

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. 20. The Commissioner has filed a Response. Doc. 22.
Plaintiff’s attorney, Stephanie Bartels Wallace, requests a total payment of
$2,582.02, consisting of: (1) 10.45 hours of attorney work in 2017-18 at the hourly
rate of $196.00 ($2,048.20); (2) 6.85 hours of paralegal work at the hourly rate of
$75.00 ($513.75); and (3) $20.07 in expenses. The Commissioner does not object
to the requested amount.
Under these circumstances, the Court concludes that Plaintiff is entitled to
an award of attorney’s fees and expenses under the EAJA, and that the amount
requested is reasonable.
On April 4, 2018, the Court entered an Order and Judgment reversing the
Commissioner’s decision and remanding this case for further administrative proceedings. Docs.
16 & 17.
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IT IS THEREFORE ORDERED that Plaintiff’s Amended Motion for
Attorney’s Fees and Expenses Pursuant to the EAJA, Doc. 20 is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $2,582.02 in
attorney’s fees and expenses under the EAJA.2
IT IS FURTHER ORDERED THAT Plaintiff’s original Motion for
Attorney’s Fees and Expenses, Doc. 18, is DENIED as MOOT.
DATED this 11th day of June, 2018.

___________________________________
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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