Albrecht v. Social Security Administration Commissioner

Filing 19

ORDER granting 16 Motion for Attorney Fees in the amount of $1,064.09 and this award should be made payable directly to plaintiff, but properly mailed to plaintiff's attorney. Signed by Honorable James R. Marschewski on January 10, 2014. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DAVID ALBRECHT
V.

PLAINTIFF
NO. 12-3144

CAROLYN W. COLVIN

DEFENDANT
ORDER

Plaintiff, DAVID ALBRECHT, appealed the Commissioner's denial of benefits to this
court. On August 20, 2013, judgment was entered remanding plaintiff's case to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (ECF NO. 15). Plaintiff has
moved for an award of $ 1,064.09 in attorney's fees and costs under 28 U.S.C. § 2412, the Equal
Access to Justice Act (hereinafter "EAJA"), requesting compensation for 5.15 attorney hours of
work before the court at $ 155 per hour, 3.25 paralegal hours at an hourly rate of $75.00 and
$22.09 in expenses. (ECF No. 16-17). Defendant has filed a response indicating no objections
to the request for fees and costs. (ECF No. 18).
The undersigned finds that the request for fees and costs is reasonable. Accordingly, the
court finds that counsel is entitled to compensation under the EAJA for: 5.15 hours for attorney’s
fees, at the rate of $155 per hour, 3.25 hours for paralegal fees, at the rate of $75.00, and for
$22.09 in expenses for a total attorney's fee award of $1,064.09.
Further, this award should be made payable directly to Plaintiff, but properly mailed to
Plaintiff's attorney. The parties are reminded that the award under the EAJA will be taken into
account at such time as a reasonable fee is determined pursuant to 42 U.S.C. § 406, in order to
prevent double recovery by counsel for the Plaintiff.
Page -1-

IT IS SO ORDERED this January 10, 2014.

/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
Chief United States Magistrate Judge

+

Page -2-