Taylor v. Social Security Administration

Filing 28

ORDER GRANTING 24 Motion for Attorney Fees and Costs Under the Equal Access to Justice Act. Plaintiff Sherry Taylor is awarded attorneys' fees in the amount of $4,637.50, representing 26.5 hours of time at a rate of $175.00 per hour. Signed by Judge Nannette Jolivette Brown on 12/22/2016. (mmv)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SHERRY TAYLOR o/b/o L.T.

CIVIL ACTION

VERSUS

NO. 15-7169

CAROLYN W. COLVIN, ACTING COMMISSIONER
SOCIAL SECURITY ADMINISTRATION

SECTION: “G”

ORDER
Before the Court is Plaintiff Sherry Taylor’s (“Plaintiff”) “Motion for Attorney’s Fees and
Costs Under the Equal Access to Justice Act.”1 Plaintiff seeks an award for 26.5 hours at $175 per
hour of attorney at time reasonably incurred in this civil action by Attorney Robyn R. Griffin, for
a total award of $4,637.50.2 Carolyn W. Colvin, Acting Commissioner of the Social Security
Administration (“Commissioner”), has filed a response stating that she has no objection to the
motion.3 The Commissioner notes that fees are payable to the prevailing litigant rather than the
attorney.4
Under the Equal Access to Justice Act (“EAJA”), the Court shall award to a prevailing party
fees and other expenses incurred by that party in any civil action, including proceedings for judicial
review of agency action, brought by or against the United States, “unless the court finds that the
position of the United States was substantially justified or that special circumstances make an award
unjust.”5 Here, Plaintiff is a prevailing party entitled to attorney’s fees under the EAJA, and the
1

Rec. Doc. 24.

2

Rec. Doc. 24-1 at 3.

3

Rec. Doc. 26 at 1.

4

Id.

5

28 U.S.C. § 2412(d)(1)(A).

Commissioner consents to Plaintiff’s request for attorney’s fees. Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s “Motion for Attorney’s Fees and Costs Under
the Equal Access to Justice Act”6 is GRANTED and that Plaintiff Sherry Taylor is awarded
attorneys’ fees in the amount of $4,637.50, representing 26.5 hours of time at a rate of $175.00 per
hour.

22nd
NEW ORLEANS, LOUISIANA, this _____ day of December, 2016.

__________________________________
NANNETTE JOLIVETTE BROWN
UNITED STATES DISTRICT JUDGE

6

Rec. Doc. 24.

2