Mullani v. Astrue

Filing 26

ORDER granting 24 motion for attorney fees and expenses under EAJA in the amount of $4,988.05, with check to be made payable to claimant's counsel, Sam M. Coring. Signed by Magistrate Judge William A. Knox on 10/29/2009. (Bode, Kay)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION

CRAIG A. MULLANI, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant.

) ) ) ) ) ) ) ) ) ) ORDER

No. 08-5108-SSA-CV-SW-WAK

On October 14, 2009, claimant Craig A. Mullani requested an award of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The Commissioner has responded to the pending motion and does not oppose the amount requested. Under the EAJA, a prevailing party in an action brought against the United States shall be awarded attorney fees unless the position of the United States was "substantially justified" or special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(a). Claimant was a prevailing party in this action, an award is appropriate, and the amount of fees requested is reasonable. THEREFORE, IT IS ORDERED that claimant's motion of October 14, 2009, for an award of attorney fees and expenses under the EAJA in the amount of $4,988.05, with the check to be made payable to claimant's counsel, Sam M. Coring, is granted. [24] Dated this 29th day of October, 2009, at Jefferson City, Missouri.

/ s/

William A. Knox

WILLIAM A. KNOX United States Magistrate Judge