Nevels v. Colvin

Filing 28

ORDER granting in part and denying in part 23 Motion for Attorney Fees. Signed by District Judge Keith Starrett on 3/29/19. (cb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ALDIS NEVELS
v.

PLAINTIFF
CIVIL ACTION NO. 5:17-CV-6-KS-MTP

NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER
The Court grants in part and denies in part Plaintiff’s Motion for
Attorney’s Fees [23]. The Court awards Plaintiff fees under the EAJA in the amount
of $5,902.84. The Court also awards Plaintiff costs in the amount of $17.67. The funds
shall be made payable to the Plaintiff, Aldis Nevels.
First, Plaintiff demands $4,557.38 in fees for his attorney, $887.50 in fees for
his attorney’s law clerk, and $790.00 in fees for his attorney’s paralegal. In response,
the Government objects to the proposed hourly rate for the attorney and law clerk.
The Government suggests that the Court should award attorney’s fees in the amount
of $4,402.84 for the attorney and $710.00 for the law clerk. In reply, Plaintiff does not
oppose the Government’s objection. Therefore, the Court finds that the parties agree
on a total fee award of $5,902.84. 1
Next, the Government does not oppose Plaintiff’s demand of costs in the
amount of $17.67. Therefore, the Court will grant Plaintiff’s motion in that respect.

1

$4,402.84 + $710.00 + $790.00 = $5,902.84

Finally, Plaintiff requests that the Court order that the funds be made payable
directly to his attorney, Olinsky Law Group. The Fifth Circuit has explicitly held that
“EAJA fees are paid to the claimant, who may or may not tender the award to
counsel.” Jackson v. Astrue, 705 F.3d 527, 531 (5th Cir. 2013); see also Hebert v.
Comm’r of Social Sec., No. 2:17-CV-13-KS-MTP, 2017 WL 5011892, at *1 (S.D. Miss.
Nov. 2, 2017); Roe v. Astrue, No. 1:11-CV-321-HSO-RHW, 2012 WL 6084638, at *1
(S.D. Miss. Dec. 6, 2012). Therefore, the fees shall be made payable directly to
Plaintiff.
SO ORDERED AND ADJUDGED this 29th day of March, 2019.
/s/

Keith Starrett
KEITH STARRETT
UNITED STATES DISTRICT JUDGE