Ponce

Filing 32

MEMORANDUM AND ORDER granting 28 Motion for Attorney Fees. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $4,682.11. Ordered by Senior Judge Richard G. Kopf. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

SANDRA E. PONCE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the
Social Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

4:10CV3188

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 28) Plaintiff
requests fees in the total amount of $4,682.11, which represents 26.7 hours of work
by her attorney at an average hourly rate of $175.36.1 Defendant does not oppose
Plaintiff’s application. See filing 31.
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,

1

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 28) is granted.
2.

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

against Defendant, providing that Plaintiff is awarded attorney fees of $4,682.11.
February 27, 2011.

BY THE COURT:

Richard G. Kopf
Senior United States District Judge

2