Roark v. SSA

Filing 16

MEMORANDUM ORDER: Pla Mark Roark's Motion for Attorney's Fees 14 is GRANTED, and Pla is awarded attorney's fees in the amount of $1,625.00 for his attorney's work and $400.00 for costs. Signed by Judge David L. Bunning on 4/12/2018. (RCB)cc: COR

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION AT PIKEVILLE CIVIL ACTION NO. 17-125-DLB MARK ROARK PLAINTIFF vs. MEMORANDUM ORDER NANCY A. BERRYHILL, Commissioner of the Social Security Administration * * * * * * DEFENDANT * * * * * * * * * * This matter is before the Court upon Plaintiff Mark Roark’s Motion for Attorney’s Fees and Costs. (Doc. # 14). The Commissioner having filed her Response to Plaintiff’s Motion for Attorney’s Fees (Doc. # 15), this matter is now ripe for the Court’s review. For the reasons stated herein, Plaintiff’s Motion is hereby granted. The Plaintiff filed his Complaint in this matter on July 19, 2017, seeking reversal of the Commissioner’s denial of his claim for Disability Insurance Benefits (“DIB”). (Doc. # 1). On January 25, 2018, after the parties filed cross-motions for summary judgment, the Court entered judgment in favor of the Plaintiff and remanded the action to the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g). (Docs. # 12 and 13). Now, the Plaintiff, through counsel, has filed a Motion for Attorney’s Fees, and a supporting affidavit, pursuant to the Equal Access to Justice Act (“EAJA”). (Docs. # 14 and 14-1). Specifically, Plaintiff requests an attorney’s fee award in the amount of $1,625.00 for his attorney’s work and $400.00 for costs. The Commissioner does not oppose awarding Plaintiff the requested sums in attorney’s fees and costs. (Doc. # 15). However, the Commissioner requests that the Court’s Order awarding attorney’s fees 1   require that the award be payable to Plaintiff, not Plaintiff’s attorney, pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). Id. Accordingly, the Court having reviewed and considered the parties’ filings, IT IS ORDERED that Plaintiff Mark Roark’s Motion for Attorney’s Fees (Doc. # 14) is hereby GRANTED, and Plaintiff is awarded attorney’s fees in the amount of $1,625.00 for his attorney’s work and $400.00 for costs, in accordance with the EAJA and Astrue v. Ratliff, 560 U.S. 586 (2010). This 12th day of April, 2018. K:\DATA\SocialSecurity\Fee Orders\17-125 Atty Fee Order.docx   2  

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