Dixon v. SSA

Filing 15

MEMORANDUM ORDER: (1) GRANTING pla's 13 Motion for Attorney Fees; (2) pla is awarded $1,750.00 in atty fees & shall be payable to Cecil Logan Dixon. Signed by Judge Danny C. Reeves on 9/19/16. (KJR)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
(at Lexington)
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CECIL LOGAN DIXON,
Plaintiff,
V.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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Civil Action No. 5: 15-269-DCR

MEMORANDUM ORDER

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This matter is pending for consideration of the motion for attorney fees under the Equal
Access to Justice Act, 28 U.S.C. § 2412. [Record No. 13] Counsel for Plaintiff Cecil Logan
Dixon seeks fees of $1,750.00, based on 14 hours of work performed at a rate of $125.00 per
hour. The defendant does not object to the amount requested. [Record No. 14] The motion
for attorney’s fees includes an affidavit from the plaintiff requesting that the award be paid
directly to his attorney. An award under the EAJA is payable to the prevailing party, however.
Astrue v. Ratliff, 560 U.S. 586, 591–93 (2010). Any obligation that Dixon may have to pay
his attorney is controlled by contract and is not a part this case. See id. See also Drew v.
Comm’r of Soc. Sec., No. 1:13-cv-1135, 2014 WL 6680243, at *2 (W.D. Mich. Nov. 25, 2014).
Having reviewed the work performed, the Court finds the request for fees to be
appropriate. Accordingly, being sufficiently advised, it is hereby
ORDERED as follows:

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1.

The Motion for Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412

[Record No. 13] is GRANTED.
2.

The plaintiff is awarded $1,750.00 in attorney’s fees under the Equal Access to

Justice Act, 28 U.S.C. § 2412(d). The award shall be payable to Cecil Logan Dixon.
This 19th day of September, 2016.

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