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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?