Brady v. Colvin

Filing 27

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiffs Motion for Award ofEAJA Fees (ECF No. 25 ) is GRANTED in the amount of $5,680.00 for attorney's fees to be paid by the Social Security Administration and $400.00 for the filing fee to be paid from the Judgment Fund. IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Ronnie L. White on 6/5/2015. (NEB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHELLE D. BRADY,
Plaintiff,
v.

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 4: 13CV2076 RL W

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs Motion for Award ofEAJA Fees pursuant to
the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (ECF No. 25). Defendant has no
objection to Plaintiffs request.
On March 5, 2015, the undersigned reversed the Commissioner's decision and remanded
Plaintiffs case for further proceedings. Plaintiff now seeks attorney's fees in the amount of
$5,680.00, which represents 30.5 hours of attorney work from Steve Wolf and Jean C. Owen at
the rate of $186.25 per hour. In addition, Plaintiff requests that Defendant pay the $400.00 filing
fee. Defendant filed a response to Plaintiffs motion, stating that she has no objection to an
award ofEAJA fees of $5,680.00 to be paid by the Social Security Administration and no
objection to compensating Plaintiff for the $400.00 filing fee, said amount to come from the
Judgment Fund administered by the United States Treasury.
In EAJA actions, the district court has the authority to award reasonable and necessary
expenses associated with adjudicating a claim for social security benefits. Kelly v. Bowen, 862
F.2d 1333, 1335 (8th Cir. 1988). The Court finds that Plaintiff is entitled to EAJA fees in the
amount of $5,680.00, payable to the Plaintiff as the prevailing party. Astrue v. Ratliff, 560 U.S.

586, 593 (2010) (holding that EAJA fees are payable to the prevailing party and may be subject
to offset to satisfy any pre-existing debt owed to the United States). Further, the EAJA allows a
judgment for costs, which may include an amount equal to the filing fee. 28 U.S.C. §
2412(a)(2). As such, the Court also finds that Plaintiff is entitled to reimbursement of the
$400.00 filing fee. An appropriate Judgment will accompany this Memorandum and Order.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Motion for Award ofEAJA Fees (ECF No.
25) is GRANTED in the amount of $5,680.00 for attorney's fees to be paid by the Social
Security Administration and $400.00 for the filing fee to be paid from the Judgment Fund.
IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff. A
separate Judgment shall accompany this Memorandum and Order.
Dated this~ day of June, 2015.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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