Graham v. Social Security Administration

Filing 26

ORDER granting 23 Motion for Attorney Fees and Expenses and directing that the check awarding EAJA attorney's fees should be made payable to Plaintiff, but mailed to the care of Plaintiff's attorney at the attorney's office. Signed by Judge Susan Webber Wright on 09/22/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JASON HUGH GRAHAM
v.

Plaintiff
4:13CV000451 SWW

CAROLYN W. COLVIN,
Acting Commissioner, Social
Security Administration

Defendant

ORDER
Before the Court is Plaintiff’s motion for costs and attorney’s fees under the
Equal Access to Justice Act (“EAJA”) and the Commissioner’s response, stating no
objection. After careful consideration, the motion is granted.
On May 19, 2014, the Court granted the Commissioner’s motion to reverse and
remand and entered judgment in Plaintiff’s favor. Plaintiff's attorney, Kenneth V.

Crow, now requests a total payment of $3,280.24, consisting of: (1) $3,255 in
attorney’s fees, based on 18.6 hours of attorney work at the hourly rate of $175,
and (2) $25.24 in costs. The Commissioner does not object to the requested
amount of fees and costs but submits that in accordance with Astrue v. Ratliff, 560
U.S. 586, 130 S.Ct. 2521 (2010), the Court should direct that any award be paid
directly to Plaintiff, not Plaintiff’s attorney.
Pursuant to Ratliff, an award of EAJA fees belongs to the prevailing party,

not that party’s lawyer. Consistent with the Commissioner’s usual procedure, 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.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Attorney’s Fees
and Expenses (ECF No. 23) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $3,280.24 in
attorney's fees and expenses under the EAJA. Consistent with the Commissioner’s
usual procedure in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check
awarding EAJA attorney’s fees should be made payable to Plaintiff, but mailed to
the care of Plaintiff’s attorney at the attorney’s office.
IT IS SO ORDERED THIS 22ND DAY OF SEPTEMBER, 2014.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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