Rasberry v. Social Security Administration Commissioner

Filing 22

ORDER denying 18 Motion for Attorney Fees. Plaintiff must refile anyrenewed Application for Attorney Fees Under the EAJA within Twenty-One (21) days of the date of this order. Signed by Honorable Barry A. Bryant on October 20, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
ROBIN LYNN RASBERRY
vs.

PLAINTIFF

Civil No. 4:13-cv-04073

CAROLYN COLVIN
Commissioner, Social Security Administration

DEFENDANT

ORDER
Pending now before this Court is Plaintiff’s Application for Attorney Fees Under the Equal
Access to Justice Act (“EAJA”). ECF No. 18.1 With this Motion, Plaintiff requests an EAJA award
of $6,024.01. Id. On October 14, 2014, Defendant responded to this Motion. ECF No. 21. The
parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings
in this case, including conducting the trial, ordering the entry of a final judgment, and conducting
all post-judgment proceedings. ECF No. 9. Pursuant to this authority, the Court issues this Order.
1. Background:
Robin Lynn Rasberry (“Plaintiff”) appealed to this Court from the Secretary of the Social
Security Administration’s (“SSA”) denial of her request for disability benefits. ECF No. 1. On
August 5, 2014, this Court reversed and remanded Plaintiff’s case pursuant to sentence four of 42
U.S.C. § 405(g). ECF Nos. 16,17.
On October 7, 2014, Plaintiff filed the present Motion requesting an award of attorney’s fees
under the EAJA. ECF No. 18. With this Motion, Plaintiff requests an award of attorney’s fees of
$6,024.01and claims this represents 36.92 hours of attorney time including 1 hour 2012, 32.32 hours
in 2013, and 4 hours in 2014 at hourly rates of $180.44 in 2012, $182.79 in 2013 and $186.45 in
2014. Id. However in her affidavit counsel states the reasonable value of her work is $180.45. ECF

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The docket numbers for this case are referenced by the designation “ECF. No.”

No. 20. On October 14, 2014, Defendant responded to this Motion and stated they had no objections
to the EAJA request. ECF No. 21.
2. Discussion
In the present action, Plaintiff’s Motion is filled with errors and it is obvious Defendant
performed no review of the pleadings. To begin with, the hours listed in the Motion total 37.32, not
36.92 as plead in the affidavit. The Motion contains conflicting hourly rate requests. Finally, the
total award requested of $6,024.01 can not be accurate based on the attorney hours claimed and
hourly rate requested.
3. Conclusion:
Based upon the foregoing, Plaintiff’s Application for Attorney Fees Under the Equal Access
to Justice Act (ECF No. 18) is DENIED without prejudice to re-file. Plaintiff must refile any
renewed Application for Attorney Fees Under the Equal Access to Justice Act within TwentyOne (21) days of the date of this order.
ENTERED this 20th day of October 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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