Campbell

Filing 31

MEMORANDUM AND ORDER granting 28 Plaintiff's Motion for Attorney Fees. Ordered by Chief Judge Joseph F. Bataillon. (SMS, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID ELLIOT CAMPBELL
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration
Defendant.

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4:09CV3237

MEMORANDUM AND ORDER

This matter is before the court on plaintiff’s motion for payment of attorney fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 and 42 U.S.C.
§ 406(b), of the Social Security Act (the “Act”). Filing No. 28. Plaintiff seeks EAJA attorney
fees in the amount of $6,100.37, based on 34.85 hours of legal work. Filing No. 28. In
addition, plaintiff requests recovery of paralegal and law clerk time based on 21.40 hours
of legal work at a reasonable rate of $25.00 per hour for paralegals 1 and 2, and $25.00
per hour for law clerk 1. Filing No. 28. The paralegal and law clerk fees requested are
$500.00. Filing No. 28. The total amount requested equals $6,600.37. Filing No. 28.
The plaintiff further asks the court to direct that payment of such relief be made to
the attorney, not the plaintiff, unless the defendant shows that plaintiff has a valid
outstanding debt as to which plaintiff has received due process. Filing No. 28. The
defendant has no objection to the amount requested but does argue that the plaintiff may
have an outstanding debt owed to the United States. Filing No. 30. Therefore, EAJA fees
are subject to offset to satisfy any pre-existing debt that the litigant owes to the United
States. See Astrue v. Ratliff, 130 S. Ct. 2521 (2010).

The court finds the plaintiff is entitled to an award pursuant to 42 U.S.C. § 405(g)
as a prevailing party in this action. See Shalala v. Schaefer, 509 U.S. 292, 302 (1993).
The court further finds that the request is reasonable as to hourly amount and hours spent.
Payment in the amount of $6,600.37 shall be paid directly to attorney Stephen Speicher
with the understanding that any payment of the attorney fees by the claimant pursuant to
42 U.S.C. § 406(b) will be reduced by the amount of the fee authorized under the EAJA
and will be reduced by any qualifying offset.1
IT IS ORDERED that plaintiff’s motion for payment of attorney fees, Filing No. 28, is
granted. Payment in the amount of $6,600.37, minus any authorized deductions, shall be
paid directly to attorney Stephen Speicher as set forth herein.
DATED this 5th day of July, 2011.
BY THE COURT:

s/ Joseph F. Bataillon
Chief United States District Judge

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The governm ent states: “Defendant notes that Plaintiff has signed a fee agreem ent assigning any
fee to which he m ay be entitled under the EAJA to Plaintiff’s attorney. Accordingly, after this Court issues an
order awarding an EAJA fee to Plaintiff, Defendant will verify with the Departm ent of Treasury whether Plaintiff
in fact owes a debt to the United States that is subject to offset. If there is no debt owed by Plaintiff, the fee
will be m ade payable to his attorney based on the assignm ent.” Brief of the United States, Filing No. 30 at
2, n.1.

*This opinion m ay contain hyperlinks to other docum ents or W eb sites. The U.S. District Court for
the District of Nebraska does not endorse, recom m end, approve, or guarantee any third parties or the services
or products they provide on their W eb sites. Likewise, the court has no agreem ents with any of these third
parties or their W eb sites. The court accepts no responsibility for the availability or functionality of any
hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to som e other site does not affect
the opinion of the court.
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