Mulhall v. Astrue

Filing 33

MEMORANDUM AND ORDER - Plaintiff's request for attorney fees, Filing No. 30 , is granted. The Social Security Administration is ordered to pay to the plaintiff the sum of $7,543.13 in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEVIN F. MULHALL,
Plaintiff,

8:11CV441

vs.
MEMORANDUM AND ORDER
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration;
Defendant.
This matter is before the court pursuant to plaintiff Kevin Mulhall’s request for
attorney fees, Filing No. 30.

The court previously entered judgment in favor of the

plaintiff. Filing No. 28 and Filing No. 29. Pursuant to the Equal Access for Justice Act,
28 U.S.C. § 2412, the plaintiff is entitled to attorney fees. Plaintiff requests $8,101.87
which represents 43.5 hours of attorney work at $186.25 per hour. The plaintiff and
defendant, however, have agreed to an award in the amount of $7,543.13. Filing No.
32. The court has carefully reviewed the record and finds that such sum is fair and
reasonable. The court hereby awards a fee in the amount of $7,543.13 to be paid by
the Social Security Administration.

Such fee is payable directly to the plaintiff in

accordance with Astrue v. Ratliff, 130 S. Ct. 2521 (2010). The EAJA fee is payable to
plaintiff as the litigant and may be subject to offset to satisfy a pre-existing debt that the
litigant owes to the United States.
THEREFORE, IT IS ORDERED that plaintiff’s request for attorney fees, Filing
No. 30, is granted. The Social Security Administration is ordered to pay to the plaintiff
the sum of $7,543.13 in accordance with this Memorandum and Order.
Dated this 25th day of June, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge