Dix v. Astrue

Filing 23

ORDER regarding 18 Motion for Attorney Fees. IT IS ORDERED that: 1. Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act (filing 18 ) is granted. 2. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $3,665.75, and taxable costs in the amount of $350.00. Ordered by Judge Richard G. Kopf. (LKH)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MISCHA P. DIX, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) 8:08CV270

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 18.) Plaintiff requests fees in the total amount of $3,665.75, which represents 21.5 hours of work by her attorney, at an average hourly rate of $170.50.1 The application also requests reimbursement of costs in the amount of $350.00, for the filing fee. Defendant does not oppose Plaintiff's application. See filing 22. 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.

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IT IS ORDERED that: 1. Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act (filing 18) is granted. 2. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $3,665.75, and taxable costs in the amount of $350.00. January 26, 2009 BY THE COURT: s/ Richard G. Kopf United States District Judge

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