Johnson v. Colvin
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Petition for Award of Attorney Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (ECF No. 27 ) is GRANTED, in the amount of $1,267.24. IT IS FURTHER OR DERED that said award shall be paid by the Social Security Administration to Plaintiffs attorney, based on the assignment, subject to any pre-existing debt that the litigant may owe to the United States. Signed by Magistrate Judge John M. Bodenhausen on 11/29/2017. (CAR)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DYLONNA MARIA JOHNSON,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
No. 4:16 CV 1455 JMB
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Petition for Award of Attorney Fees under
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (ECF No. 27) Defendant has
filed a Response to Plaintiff’s Application. (ECF No. 34) In her motion, Plaintiff seeks
$1,267.24 in fees, based upon 6.5 hours of work at $194.96 per hour by the attorney. Defendant
agrees with this calculation.
Under the EAJA, in civil actions brought by or against the United States, a court shall
award attorney’s fees to a prevailing party unless the position of the United States was
substantially justified. 28 U.S.C. § 2412(d)(1)(A). In Social Security cases, a sentence four
remand of the Commissioner’s denial of benefits is sufficient to confer prevailing party status.
Shalala v. Shaefer, 509 U.S. 292, 302 (1993).
This Court entered judgment reversing the Commissioner’s decision and remanding the
matter to the Administrative Law Judge on August 31, 2017, thereby making Plaintiff the
prevailing party. (ECF No. 32). Additionally, Plaintiff submitted a detailed accounting of the
time spent on this case, and the reasons for the fees incurred. (ECF No. 28) The Court finds that
the number of hours worked, the hourly rate, and the total fee payable in this case is reasonable,
and in accordance with the EAJA. The Court also notes that Plaintiff executed a fee agreement
assigning any EAJA fee to her attorney. (ECF No. 28-3)
IT IS HEREBY ORDERED that Plaintiff’s Petition for Award of Attorney Fees under
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (ECF No. 27) is GRANTED, in
the amount of $1,267.24.
IT IS FURTHER ORDERED that said award shall be paid by the Social Security
Administration to Plaintiff’s attorney, based on the assignment, subject to any pre-existing debt
that the litigant may owe to the United States.
/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES MAGISTRATE JUDGE
Dated this 29th day of November, 2017.
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