HADLEY v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
Filing
40
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE FOR EAJA ATTORNEYS FEES accepting 39 Report and Recommended Decision, granting in part and denying in part 24 Motion for Attorney Fees filed by TRACI HADLEY By JUDGE JOHN A. WOODCOCK, JR. (CCS)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TRACI H.,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER
OF SOCIAL SECURITY,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
1:16-cv-00568-JAW
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE FOR EAJA ATTORNEY’S FEES
No objection having been filed to the Magistrate Judge’s Recommended
Decision filed December 21, 2018, the Recommended Decision is accepted. The Court
adopts the newly recommended paralegal rate of one hundred and five dollars ($105)
per hour.
Pursuant to the power of this Court to award fees to a prevailing party other
than the United States incurred by that party in a civil action against the United
States, including proceedings for judicial review of agency action, under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A), the Court GRANTS Plaintiff’s
EAJA Motion IN PART awarding EAJA fees in the amount of six thousand seven
hundred and thirty dollars and fifty-two cents ($6,730.52), consisting of four thousand
three hundred and eighty-nine dollars and two cents ($4,389.02) for 22.15 hours of
attorney time at one hundred and ninety-eight dollars and fifteen cents ($198.15) per
hour, and two thousand three hundred and forty-one and fifty cents ($2,341.50) for
22.3 hours of paralegal time at one hundred and five dollars ($105) per hour, and
otherwise DENIES Plaintiff’s Motion.
IT IS HEREBY ORDERED that the United States Social Security
Administration shall pay EAJA fees in the amount of six thousand seven hundred
and thirty dollars and fifty-two cents ($6,730.52) in full satisfaction of any and all
attorney’s fees and expense claims Plaintiff may have in this case under the EAJA.
Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 130 S. Ct.
2521 (2010), these attorney’s fees are payable to Plaintiff as the prevailing party, and
are subject to offset through the Treasury Department’s Offset Program to satisfy
any pre-existing debt Plaintiff may owe to the government. If, subsequent to the
entry of this Order, the Commissioner determines that Plaintiff owes no debt to the
government that would subject this award of attorney’s fees to offset, the
Commissioner may honor the Plaintiff’s October 12, 2016 signed assignment of EAJA
fees providing for payment of the subject fees to Plaintiff’s counsel, rather than to
Plaintiff. If, however, the Commissioner discovers that Plaintiff owes the government
any debt subject to offset, the Commissioner shall pay any attorney’s fees remaining
after such offset to Plaintiff, rather than to counsel.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 10th day of January, 2019
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?