Allen v. Astrue

Filing 39

MEMORANDUM AND ORDER - Plaintiff's application for relief under the EqualAccess to Justice Act pursuant to sentence for remand (Filing No. 32 ) is granted. By separate document, the Court shall enter judgmentfor plaintiff and against defendant, providing that plaintiff isawarded attorney fees of $8,916.15. Payment of the attorney fee award shall be made to plaintiff's attorney, Stephen Speicher. Ordered by Senior Judge Lyle E. Strom. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VERA OPAL ELAINE ALLEN,
Executrix of the Estate of
Patrick R. Allen,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

This

matter

is

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before

4:10CV3055

MEMORANDUM AND ORDER

the

Court

upon

plaintiff’s

application for attorney’s fees pursuant to the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412(d) (Filing No. 32).

The

application requests that a payment of $8,916.15 be made directly
to plaintiff’s attorney.

The sum includes a fee of $7,718.60 for

43.65 hours of work by plaintiff’s attorney, at an average hourly
rate of $175.44, a fee of $380.75 for 20.65 hours of work by
paralegals, at hourly rates of $25.00 and $15.00, and a fee of
$816.80 for 25.48 hours of work by a law clerk, at hourly rates of
$20.00 and $35.00. The Commissioner does not object to the payment
of EAJA fees, and does not dispute the hourly rates plaintiff
requests.

The Commissioner, however, objects to the total amount

of fees requested.
The Court has determined that plaintiff was indeed the
prevailing party in this action, as the Commissioner’s decision was
reversed and the matter remanded for further proceedings; that the
application for fees was filed in a timely fashion; and that the

position of the Commissioner was not substantially justified.
Plaintiff

therefore

attorney’S fees.

is

entitled

to

an

award

of

reasonable

See 28 U.S.C. § 2412(d)(1)(A).

The Court has a duty to make an independent evaluation of
the

reasonableness

of

the

attorney’s

Eckerhart, 461 U.S. 424, 434 (1983).

bill.

See

Hensley

v.

The Eighth Circuit has held

that the court should scrutinize carefully the list of services
performed and deny compensation for any hours which were not
reasonably expended.

See Hickey v. Secretary of Health & Human

Servs., 923 F.2d 585, 586 (8th Cir. 1991).

This Court is familiar

with the nature of this case, the issues it involves, and its
result. This Court has reviewed all filings related to plaintiff’s
application for attorney’s fees and finds the time spent at the
given rates by plaintiff’s attorney and the paralegals and law
clerk working for said attorney are reasonable.
With regard to the method of payment, the fee application
was accompanied by an affidavit signed by plaintiff in which she
personally requested that payment be made directly to her attorney
in

order

to

discharge

her

agreement with her attorney.

obligation

under

an

attached

See Filing No. 35, Exhibit 5.

fee
EAJA

relief may be paid directly to plaintiff’s counsel where the
plaintiff

requested

such

payment.

See

Blacketer

4:06cv3156, Filing No. 33 at 2 (D. Neb. 2007).
IT IS ORDERED:

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v.

Astrue,

1. Plaintiff’s application for relief under the Equal
Access to Justice Act pursuant to sentence for remand (Filing No.
32) is granted.
2. By separate document, the Court shall enter judgment
for plaintiff and against defendant, providing that plaintiff is
awarded attorney fees of $8,916.15.
3. Payment of the attorney fee award shall be made to
plaintiff’s attorney, Stephen Speicher.
DATED this 24th day of June, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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