Daniel v. Social Security Administration

Filing 21

ORDER granting pltf's 19 Motion for Attorney's Fees in the amount of $3,762.50. Signed by Magistrate Judge Jerome T. Kearney on 9/20/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JOSEPH MARTIN DANIEL v. PLAINTIFF CASE NO. 4:10-cv-00237-JTK MICHAEL J. ASTRUE, Commissioner, Social Security Administration DEFENDANT ORDER On August 9, 2011, the Court entered an Order and Judgment reversing the decision of the Commissioner and remanding the case for further proceedings. (Doc. Nos. 17 and 18) Plaintiff has filed a motion for attorney’s fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. No. 19) He seeks compensation for 30.10 hours of work performed by his attorney in 2010 and 2011 at a rate of $125.00 per hour. Id. The Commissioner raises no objection. Accordingly, the court grants Plaintiff compensation for 30.10 hours of work at $125.00 per hour for a total of $3,762.50. See Astrue v. Ratliff, 130 S. Ct. 2521 (2010) (EAJA fees are payable to plaintiff, not plaintiff’s attorney, and such fees are subject to an offset when the plaintiff has outstanding federal debts). IT IS THEREFORE ORDERED that Plaintiff is awarded attorney’s fees in the amount of $3,762.50. DATED this 20th day of September, 2011. ____________________________________ UNITED STATES MAGISTRATE JUDGE

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