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 )

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