Martinez v. Astrue

Filing 18

ORDER granting 16 Motion for Attorney Feesl. The fees shall be made payable to Plaintiff, and sent to Plaintiff's counsel by Chief Judge Wiley Y. Daniel on 06/25/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Wiley Y. Daniel
Civil Action No. 11-cv-00654-WYD
CAROLINE M. MARTINEZ,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

ORDER

THIS MATTER is before the Court on Plaintiff’s Opposed Motion for Attorney
Fees Under EAJA filed May 24, 2012. In the motion, Plaintiff seeks an award of
attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), as the
prevailing party in a social security appeal. Fees are sought in the amount of
$3,061.00, representing $180.50 per hour for 16.5 hours. While the motion indicates
that it is opposed, the Commissioner filed a response on June 7, 2012, asserting that it
does not oppose an award of fees in the amount requested by Plaintiff.
Having reviewed Plaintiff’s motion and the response thereto, I find that an award
of fees is appropriate under the Equal Access to Justice Act, and the amount of fees
requested by Plaintiff is reasonable. Accordingly, it is
ORDERED that Plaintiff’s Motion for Attorney Fees Under EAJA (ECF No. 16) is
GRANTED. Plaintiff is awarded attorney fees in the amount of $3,061.00. The fees
shall be made payable to Plaintiff, and sent to Plaintiff’s counsel.

Dated: June 25, 2012.
BY THE COURT:

s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE

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