Ericson v. Astrue

Filing 25

MEMORANDUM AND ORDER - IT IS ORDERED that: Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act (filing 23 ) is granted, but the amount of the award shall be in the amount of $6,500.00, as agreed by the parties (filing 24 ). By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $6,500.00. Ordered by Senior Judge Richard G. Kopf. (TCL )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ANDREW E. ERICSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) 8:11CV432 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 23). Plaintiff’s application requested an award of $7,343.83, including fees for 31.5 hours of work by his attorneys at an average hourly rate of $175.36,1 plus 17.1 hours of work by a paralegal at an hourly rate of $90.00. The parties have since agreed, however, that Plaintiff should receive an award of $6,500.00 (filing 24). 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 23) is granted, but the amount of the award shall be in the amount of $6,500.00, as agreed by the parties (filing 24). 2. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $6,500.00. January 28, 2013. BY THE COURT: Richard G. Kopf Senior United States District Judge 2

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