Johnson v. Kijakazi

Filing 26

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Commissioner shall file a supplemental response on or before September 26, 2022. The supplement should indicate whether the higher amount was a typographical error, or whether the Commissioner does, in fact, consent to the increased fee amount and, if so, include a revised calculation of fees. (Response to Court due by 9/26/2022.) Signed by Magistrate Judge Stephen R. Welby on 9/19/22. (KJS)

Case: 4:21-cv-01501-SRW Doc. #: 26 Filed: 09/19/22 Page: 1 of 2 PageID #: 655

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CARL E. JOHNSON,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security
Administration,
Defendant.

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Case No. 4:21-CV-1501 SRW

MEMORANDUM AND ORDER
On August 30, 2022, Plaintiff Carl E. Johnson filed a Petition to Award Attorney’s Fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. ECF No. 23. In the
motion, Plaintiff requests he be awarded $4,561.25 for fees, representing a total of 20.5 hours of
attorney work at the hourly rate of $222.50. On September 8, 2022, the Commissioner filed a
response indicating, “Defendant has no objection to Plaintiff’s request for attorney fees under the
EAJA in the amount of $4,651.25.” ECF No. 25. No reply has been filed.
The Court has an independent duty to review the reasonableness of an EAJA award. See
28 U.S.C. § 2412(d)(2)(A) (requiring the Court to find that attorney’s fees in excess of $125.00
per hour are justified by an increase in the cost of living or a special factor such as the limited
availability of qualified attorneys). The Commissioner’s response agrees to a fee amount higher
than Plaintiff requested. Plaintiff has not filed a reply to the Commissioner’s response. The Court
believes the Commissioner’s response agreeing to a higher amount is a typographical error.
However, the Court will direct the Commissioner to file a statement as to whether the higher

Case: 4:21-cv-01501-SRW Doc. #: 26 Filed: 09/19/22 Page: 2 of 2 PageID #: 656

amount was a typographical error, or whether the Commissioner does, in fact, consent to the
increased fee amount and, if so, include a revised calculation of fees.
Accordingly,
IT IS HEREBY ORDERED that the Commissioner shall file a supplemental response
on or before September 26, 2022. The supplement should indicate whether the higher amount
was a typographical error, or whether the Commissioner does, in fact, consent to the increased
fee amount and, if so, include a revised calculation of fees.
So Ordered this 19th day of September, 2022.

STEPHEN R. WELBY
UNITED STATES MAGISTRATE JUDGE

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