Linker v. Social Security Administration

Filing 25

ORDER denying 22 Plaintiff's counsel's Motion for Approval of Attorney's Fees. Signed by Magistrate Judge Joe J. Volpe on 4/25/2013. (srw)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JERRY DALLAS LINKER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. * * * * * * * * * * No. 4:09CV00839-JJV ORDER Before the Court is Plaintiff’s counsel’s Motion for Approval of Attorney’s Fees Under 42 U.S.C. §406(b). (Doc. No. 22.) The Commissioner of the Social Security Administration1 has responded and takes no position, but has provided the Court with authority to make a decision. (Doc. 24.) After carefully considering the Motion, the previous fee petition and supporting brief, (Doc. Nos. 18, 19) and Gisbrecht v. Barnhart, 535 U.S. 789 (2002), the Court finds that the Motion is DENIED. As the Commissioner points out, many of the requested hours in the Motion are not compensable and the Court believes the previous award of $5,709.60 is a reasonable fee in this case. SO ORDERED this 25th day of April, 2013. ____________________________________ JOE J. VOLPE UNITED STATES MAGISTRATE JUDGE 1 Carolyn W. Colvin was sworn in as Acting Commissioner of the Social Security Administration on February 14, 2013, replacing Michael Astrue. She has therefore been substituted as the defendant in this case pursuant to Fed.R.Civ.P. 25(d)(1). 1

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