Bryant v. Commissioner of Social Security
Filing
23
MEMORANDUM OPINION AND ORDER by Magistrate Judge H. Brent Brennenstuhl on 6/24/2014 granting 21 Motion for Attorney's Fees. IT IS FURTHER ORDERED that the Clerk of the Court shall enter the separate judgment in favor of Plaintiff and against the Commissioner in the amount of $2,000.00. cc: Counsel (CDR)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
BOWLING GREEN DIVISION
CIVIL ACTION NO. 1:13CV-00086-HBB
CHARLOTTE BRYANT
PLAINTIFF
VS.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
DEFENDANT
MEMORANDUM OPINION
AND ORDER
BACKGROUND
Before the Court is Plaintiff=s motion for an award of attorney=s fees, pursuant to the Equal
Access to Justice Act (the AEAJA@) (DN 21). Plaintiff seeks approval of attorney=s fees in the
amount of $2,000.00 for the time her counsel spent litigating her claim before the Court (DN 21).
Plaintiff asks that the payment be directed to her counsel, M. Gail Wilson (AMs. Wilson@) (DN 21).
Defendant does not oppose the request for attorney=s fees or the amount sought (DN 22).
Pursuant to 28 U.S.C. ' 636(c) and Fed.R.Civ.P. 73, the parties have consented to the
undersigned United States Magistrate Judge conducting all further proceedings in this case,
including issuance of a memorandum opinion and entry of judgment, with direct review by the
Sixth Circuit Court of Appeals in the event an appeal is filed (DN 11). This matter is ripe for
determination.
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FINDINGS OF FACT
On June 18, 2013, Plaintiff filed her complaint seeking judicial review of the final decision
of the Commissioner pursuant to 42 U.S.C. ' 405(g) (DN 1). Plaintiff filed a fact and law
summary (DN 15). Defendant responded by filing a fact and law summary (DN 18). In a
memorandum opinion and order, the undersigned reversed the final decision of the Commissioner
and, pursuant to sentence four of 42 U.S.C. ' 405(g), ordered the case be remanded to allow the
Commissioner to conduct further proceedings (DN 19). The final judgment, in favor of Plaintiff,
was entered on March 28, 2014 (DN 20).
On April 4, 2014, Plaintiff filed her motion for attorney=s fees with the Court (DN 21).
She seeks approval of attorney=s fees in the amount of $2,000.00 (DN 21). Plaintiff has submitted
an itemization of the services Ms. Wilson provided in the judicial proceedings (DN 21,
Attachments 2, 3). Additionally, Plaintiff has submitted an affidavit assigning to Ms. Wilson any
right or interest she may have in the award of attorney=s fees (DN 21, Attachment 1).
CONCLUSIONS OF LAW
The EAJA allows the award of attorney=s fees and other expenses against the government
provided that:
(1)
The party seeking such fees is the Aprevailing party@ in a
civil action brought by or against the United States;
(2)
An application for such fees, including an itemized
justification for the amount requested, is timely filed within thirty
days of final judgment in the action;
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(3)
The position of the government is not substantially
justified;
(4)
The party seeking such fees is an individual whose net
worth did not exceed $2,000,000.00 at the time the civil action was
filed; and
(5)
No special circumstances make an award unjust.
28 U.S.C. ''2412(d)(1), (2).
The absence of any one of the above factors precludes an award
of fees. 28 U.S.C. ''2412(d)(1), (2).
Here, the Commissioner acknowledges that an award of
attorney=s fees under ' 2412(d) is appropriate (DN 22). The undersigned has reviewed the
record and agrees.
Plaintiff seeks an award of attorney=s fees in the amount of $2,000.00 (16 hours of work by
counsel multiplied by $125.00 per hour) (DN 21, Application and Memorandum).
The
Commissioner has not challenged this amount (DN 22). The undersigned has reviewed the
supporting documentation submitted by Plaintiff (DN 21, Attachments 2, 3) and concludes that an
award of attorney=s fees in the amount of $2,000.00 is appropriate.
CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff=s motion for
attorney=s fees (DN 21) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded attorney=s fees in the amount of
$2,000.00 (16 hours multiplied by $125.00 per hour).
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IT IS FURTHER ORDERED that the Clerk of the Court shall enter the separate
judgment in favor of Plaintiff and against the Commissioner in the amount of $2,000.00.
June 24, 2014
Copies:
Counsel
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