Parish v. Social Security Administration
ORDER IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees is GRANTED. [Doc. 20] IT IS FURTHER ORDERED that plaintiff is awarded attorney's fees in the amount of One Thousand Five Hundred Twenty-Three Dollars and Twenty-Nine Cents ($1,523.29). The award shall be made payable to Carolyn Parish. See Astrue v. Ratliff, 130 S. Ct.2521 2529 (2010). Signed by District Judge Charles A. Shaw on 7/18/2013. (NCL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
MICHAEL J. ASTRUE,
Commissioner of Social Security,
No. 4:11-CV-1332 CAS
This matter is before the Court on plaintiff’s application for an award of attorney’s fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d)(1)(B).
Commissioner does not object to the request for attorney’s fees.
On August 1, 2011, plaintiff Carolyn Parish filed the above-captioned cause of action
challenging the denial of his application for supplemental security income benefits under Title XVI
of the Social Security Act 42 U.S.C. §§ 1381 et seq. On September 27, 2012, in an order adopting
the Report and Recommendation of United States Magistrate Nannette A. Baker, the Court reversed
the decision of the administrative law judge (“ALJ”) and remanded the action for further
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Following the order of remand,
plaintiff’s counsel filed the present application for attorney’s fees.
Plaintiff seeks attorney’s fees for 8.5 hours of work done by attorney Jeffrey J. Bunten at the
rate of $179.21 per hour. The total amount of fees sought by plaintiff is One Thousand Five
Hundred Twenty-Three Dollars and Twenty-Nine Cents ($1,523.29). Defendant responded to
plaintiff’s motion and did not oppose plaintiff’s request.
The Court finds the award of fees is proper in this case. Section 2412 of the Equal Access
to Justice Act (EAJA) provides that a court:
shall award to a prevailing party . . . fees . . . incurred by that party in any civil action
(other than cases sounding in tort), including proceedings for judicial review of
agency action, brought by or against the United States in any court having
jurisdiction of that action, unless the court finds that the position of the United States
was substantially justified or that special circumstances make an award unjust.
28 U.S.C. § 2412(d)(1)(A). Accordingly, plaintiff’s attorney is entitled to fees if (i) plaintiff was
the prevailing party, (ii) the fees were “incurred by that party in [the] civil action” in which the party
prevailed, and (iii) the defendant’s position was not substantially justified. Id. Plaintiff has met all
of these requirements in the instant matter. Shalala v. Schaefer, 509 U.S. 292, 302 (1993) (“a party
who wins a sentence-four remand order is a prevailing party.”) The Court, therefore, will award
plaintiff the amount of fees agreed upon by the parties, One Thousand Five Hundred Twenty-Three
Dollars and Twenty-Nine Cents ($1,523.29).
IT IS HEREBY ORDERED that plaintiff’s motion for attorney’s fees is GRANTED.
IT IS FURTHER ORDERED that plaintiff is awarded attorney’s fees in the amount of One
Thousand Five Hundred Twenty-Three Dollars and Twenty-Nine Cents ($1,523.29). The award
shall be made payable to Carolyn Parish. See Astrue v. Ratliff, 130 S. Ct.2521 2529 (2010).
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 18th day of July, 2013.
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