Douglass v. Astrue

Filing 33

MEMORANDUM AND ORDER granting Motion for Attorney Fees 29 . IT IS ORDERED that: The Plaintiff's application for attorney fees pursuant to the Equal Access to Justice Act (filing 29 ) is granted; and The Plaintiff is awarded an attorney fee in the amount of $4,294.37, payable to the Plaintiff as litigant and may be subject to offset to satisfy any pre-existing debt the litigant may owe to the United States. Ordered by Magistrate Judge F.A. Gossett. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
REBECCA A. DOUGLASS,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

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4:09CV3124
MEMORANDUM
AND ORDER

This matter is before the court upon Plaintiff’s application for attorney fees pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412 (filing 29). Plaintiff requests fees in the total amount
of $4,294.37, which represents 24.8 hours of work by her attorney, at an average hourly rate of
$173.16. Defendant does not oppose Plaintiff’s application. See filing 32.
The court has determined that Plaintiff was indeed the prevailing party in this action, as the
Commissioner’s decision was reversed and remanded for calculation and payment of benefits; that
the application for fees was filed in a timely fashion; and that the position of the Commissioner was
not substantially justified. Plaintiff therefore is entitled to an award of reasonable attorney fees.
Accordingly,
IT IS ORDERED that:
1. The Plaintiff’s application for attorney fees pursuant to the Equal Access to Justice Act
(filing 29) is granted; and
2. The Plaintiff is awarded an attorney fee in the amount of $4,294.37, payable to the
Plaintiff as litigant and may be subject to offset to satisfy any pre-existing debt the litigant may owe
to the United States.
Dated this 25th day of April, 2011.
BY THE COURT:

s/F.A. Gossett, III
United States Magistrate Judge