Ayala v. Social Sec Admin

Filing 20

ORDER granting 19 plaintiff's Motion for Attorney Fees. Signed by Judge Holly B. Fitzsimmons on 9/2/2010. (Garcia, M.)

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Ayala v. Social Sec Admin Doc. 20 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NANCY AYALA V. MICHAEL J. ASTRUE COMMISSIONER SOCIAL SECURITY ADMINISTRATION : : : : : : : : CIV. NO. 3:10CV129 (WWE) RULING ON MOTION FOR ATTORNEY'S FEES AND COSTS On August 23, 2010, Judge Eginton approved the Recommended Ruling granting defendant's Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) with Reversal and Remand to the Commissioner for further proceedings. [Doc. #18]. Pursuant to the statute, "a party who wins a sentence four remand order is a prevailing party." (1989). Pending is plaintiff's Motion for an Award of Attorney's Fees Pursuant to the Equal Access to Justice Act [Doc. # 19] in the amount of $1,815.55. The Commissioner failed to file a response to plaintiff's motion. The Court has carefully Shalala v. Schaefer, 509 U.S. 292, 302 considered the motion, memorandum in support, affidavit of counsel and time records and finds that plaintiff's counsel's hourly rate ($174.57) and hours expended (10.4) are reasonable. Accordingly, plaintiff's Motion for an Award of Attorney's 1 Dockets.Justia.com Fees Pursuant to the Equal Access to Justice Act [Doc. # 19] is GRANTED on consent. The court awards plaintiff attorney's fees and costs in the amount of $1,815.55. This is not a recommended ruling. This is a ruling on attorneys' fees and costs which is reviewable pursuant to the "clearly erroneous" statutory standard of review. 28 U.S.C. 636 (b)(1)(A); Fed. R. Civ. P. 6(a), 6(e) and 72(a); and Rule 72.2 of the Local Rules for United States Magistrate Judges. As such, it is an order of the Court unless reversed or modified by the district judge upon motion timely made. SO ORDERED at Bridgeport this 2d day of September 2010. _____/s/_________________________ HOLLY B. FITZSIMMONS UNITED STATES MAGISTRATE JUDGE 2

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