Scretchen v. Astrue

Filing 21

ORDER granting 17 Motion for Attorney Fees. It is hereby ORDERED that Plaintiff is awarded attorney's fees in the amount of $1,095.00. 42 U.S.C. § 406(b)(1)(A). Signed by Chief Judge Lisa G. Wood on 3/14/2016. (csr)

N the antub Statesi flitritt Court
for the 0outbern Of0tritt Q3f deorgia
39aptr000 J3ibiion
CHARLENE SCRETCHEN,
Plaintiff;
V.

CAROLYN COL YIN,
Defendant.

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CIVIL ACTION NO.: 5:13-cv-19

ORDER

Presently before the Court is Plaintiff's Application for
Award of Costs, Fees, and Expenses tinder the Equal Access to
Justice Act ("EAJA") . Dkt. No. 17. Defendant filed a Response.
Dkt. No. 18. For the reasons which follow, Plaintiff's Motion
is GRANTED.

Plaintiff filed this cause of action pursuant to 42 U.S.C.
§§ 405(g) and 1383(c) (3) seeking review of the Commissioner of
Social Security's determination that she was not entitled to a
period of disability pursuant to the Social Security Act. Dkt.
No. 1. Defendant filed a Consent Motion for Remand Under
Sentence Six of 42 U.S.C. § 405(g), as "significant portions" of

AO 72A

(Rev. 8/82)

the hearing before the Administrative Law Judge were
"inaudible." Dkt. No. 11-1, p. 1. The Court granted this
Consent Motion and administratively closed this case. Dkt. No.
13. Defendant then moved to re-open this case after remand to
affirm the Commissioner's decision which was favorable to
Plaintiff. Dkt. No. 14. The Court granted this Motion and
reopened this cause of action for the limited purpose of
entering a final judgment affirming the Commissioner's favorable
determination. Dkt. No. 15. Judgment was then entered
dismissing this cause of action. Dkt. No. 16.
In the present Motion, Plaintiff's attorney requests an
award in the amount of $1,095.00 for compensation for 7.3 hours
of work expended to handle this matter at an hourly rate of
$150.00. Dkt. No. 17, P. 2. Plaintiff's counsel submitted an
affidavit to document her time spent in handling this case.
Dkt. No. 17-2. In response, Defendant does not oppose
Plaintiff's attorney's EAJA fee request, provided this is the
only fee petition Plaintiff's attorney files. Dkt. No. 18, p.
1.
Upon review, Plaintiff's application for attorney's fees is
GRANTED.

AO 72A
(Rev. 8/82)

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It is hereby ORDERED that Plaintiff is awarded

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attorney's fees in the amount of $1,095.00. 42 U.S.C. §
406(b) (1) (A) .'
day o

SO ORDERED, this

2016.

LISA 9ODBEY WOOD, CHIEF JUDGE
STATES DISTRICT COURT
SOUHERN DISTRICT OF GEORGIA

tJNITI

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"Whenever a Court renders a judgment favorable to a claimant under
this subchapter who was represented before the court by an attorney,
the court may determine and allow as part of its judgment a reasonable
fee for such representation, not in excess of 25 percent of the total
of the past-due benefits to which the claimant is entitled by reason
of such judgment, and the Commissioner of Social Security may,
notwithstanding the provisions of section 405(i) of this title, but
subject to subsection (d) of this section, certify the amount of such
fee for payment to such attorney out of, and not in addition to, the
amount of such past-due benefits. In case of any such judgment, no
other fee may be payable or certified for payment for such
representation except as provided in this paragraph." 42 U.S.C.
§ 406(b) (1) (A)
AO 72A
(Rev. 8/82)

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