Swanberg v. Social Security Administration

Filing 33

ORDER - Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act (filing 30 ) is granted. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $2,283.75. Ordered by Judge Richard G. Kopf. (GJG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA STEVEN SWANBERG, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) 8:07CV420 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 30). Plaintiff requests fees in the total amount of $2,283.75, which represents 13.05 hours of work by his attorney, at an average hourly rate of $175.00.1 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 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 is entitled to an award of reasonable attorney fees. Accordingly, This average hourly rate equals the statutory maximum of $125.00, adjusted on a monthly basis to account for inflation since March 1996. 1 IT IS ORDERED that: 1. Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act (filing 30) is granted; and 2. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $2,283.75. October 2, 2008 BY THE COURT: s/ Richard G. Kopf United States District Judge 2

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