Cook v Astrue

Filing 30

MEMORANDUM AND ORDER - IT IS ORDERED that: Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act (filing 26 ) is granted. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $4,133.78. Ordered by Judge Richard G. Kopf. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PATRICIA A. COOK,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the
Social Security Administration,
Defendant.

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4:10CV3090

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 26.) Plaintiff
requests fees in the total amount of $4,133.78, which represents 23.6 hours of work
by her attorneys at an average hourly rate of $175.16.1 Defendant does not oppose
Plaintiff’s application. See filing 29.
The court has determined that Plaintiff was indeed the prevailing party in this
action, as the Commissioner’s decision was reversed and matter remanded for further
proceedings; that the position of the Commissioner was not substantially justified; that
the application for fees was filed in a timely fashion; and that Plaintiff’s net worth did
not exceed $2 million when the action was filed. Plaintiff therefore is entitled to an
award of reasonable attorney fees.
Accordingly,

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This average hourly rate equals the statutory maximum of $125.00, adjusted for
inflation since March 1996.

IT IS ORDERED that:
1.

Plaintiff’s application for attorneys fees pursuant to the Equal Access to

Justice Act (filing 26) is granted.
2.

By separate document, the court shall enter judgment for Plaintiff and

against Defendant, providing that Plaintiff is awarded attorney fees of $4,133.78.
June 14, 2011.

BY THE COURT:

Richard G. Kopf
United States District Judge

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