Collier v. Social Security Administration

Filing 20

ORDER granting 18 Motion for Attorney Fees. Plaintiff is awarded $3,084.50 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, Mark E. Buchner, at the attorney's office. Signed by Judge Susan Webber Wright on 1/8/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BENJAMIN COLLIER
VS.

PLAINTIFF
CASE NO. 4:13CV00710 SWW

CAROLYN W. COLVIN,
Acting Commissioner, Social
Security Administration

DEFENDANT
ORDER

Before the Court is Plaintiff’s motion for attorney’s fees under the Equal
Access to Justice Act (“EAJA”) (ECF Nos. 18, 19). The time for a response has
passed, and the Commissioner has not responded. After careful consideration, the
motion is granted.
On July 17, 2014, the Court granted the Commissioner’s unopposed motion
for reversal and remand. Now before the Court is Plaintiff's motion seeking
$3,084.50 in attorney’s fees, based on 19.9 hours of attorney work at the hourly
rate of $155. With no objections filed, the Court finds that the requested fee award
should be granted.
Pursuant to Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521 (2010), 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
(ECF No. 18) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $3,084.50 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, Mark E. Buchner, at the attorney’s office.
IT IS SO ORDERED THIS 8th DAY OF JANUARY, 2015.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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