Littlepage v. Commissioner of Social Security et al
Filing
30
ORDER granting 29 Motion for Attorney Fees. Signed by Chief Judge David R. Herndon on 12/5/2013. (mtm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LARRY G. LITTLEPAGE,
Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.
Case No. 12-cv-1215-DRH-CJP
MEMORANDUM AND ORDER
HERNDON, Chief Judge:
Before the Court is plaintiff’s application for attorney fees under the Equal
Access to Justice Act (EAJA) (Doc. 29). Plaintiff alleges that the position of
defendant has not been substantially justified in that defendant improperly denied
relief in the final administrative appeal, necessitating the filing of this action and
preparation of the brief in support of plaintiff’s position, when there could have
been no reasonable expectation that defendant could ultimately prevail.
Plaintiff seeks compensation for 25.1 hours of work at $170.00 per hour
for a total of $4,267.00. Defendant has not responded to plaintiff’s motion.
Pursuant to Local Rule 7.1(c), the Court deems defendant’s failure to respond as
an admission of the merits of plaintiff’s motion. See SDIL-LR 7.1(c). The Court
finds the amount plaintiff seeks is reasonable. Accordingly, plaintiff’s motion is
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GRANTED (Doc. 29). Thus, the Court awards fees to plaintiff in the amount of
$4,267.00. 1
IT IS SO ORDERED.
Signed this 5th day of December, 2013.
Digitally signed by
David R. Herndon
Date: 2013.12.05
15:28:33 -06'00'
Chief Judge
United States District Court
1
The Court notes that plaintiff has attached an assignment of EAJA fees to his attorney, Richard
D. Murray, to his application for fees (Doc. 29-4).
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