Luna v. Colvin

Filing 36

MEMORANDUM AND ORDER re: 33 MOTION for Attorney Fees filed by Plaintiff Pauline A. Luna - IT IS HEREBY ORDERED that plaintiff's application for award of attorneys' fees pursuant to the Equal Access to Justice Act (#33) is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 6/12/2018. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
PAULINE A. LUNA,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

Defendant.

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Case No. 2:16-CV-76-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s application for award of attorneys’
fees pursuant to the Equal Access to Justice Act (“Act”) (#33). The Court previously
reversed and remanded under sentence four of 42 U.S.C. § 405(g) the Commissioner’s
decision denying plaintiff’s claim for benefits. (#31.) As the prevailing party, plaintiff
now requests an award for her attorney fees in the amount of $4,926.03. See 28 U.S.C. §
2412(d)(1)(B). “Defendant has no objection to Plaintiff’s request for attorney fees under
the [Act] in the amount of $4,926.03” and “requests that the court enter an order
specifically awarding attorney fees of $4,926.03 to be paid by the Social Security
Administration.” (#35 at 1.) As such, plaintiff’s application will be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s application for award of attorneys’
fees pursuant to the Equal Access to Justice Act (#33) is GRANTED.

So ordered this 12th day of June 2018.
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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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