Santee v Astrue

Filing 33

MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's application for attorney fees pursuant to the Equal Access to Justice Act (filing 31 ) is granted. By separate document, the Court will enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees in the amount of $4,018.80, subject to offset to satisfy any preexisting debt that Plaintiff might owe to the United States. Ordered by Magistrate Judge F.A. Gossett. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANA ALENE SANTEE,
Plaintiff,
V.
MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration,
Defendant.

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8:13CV99

MEMORANDUM AND ORDER

This matter is before the Court upon Plaintiff’s application for attorney fees under the
Equal Access to Justice Act, 28 U.S.C. § 2412. (Filing 31.) Plaintiff’s application requests
an award of $4,018.80 for 18.8 hours of work performed by her attorney at rates of $186.95
and $188.66 per hour,1 and 6.7 hours of work by a legal assistant at a rate of $75.00 per hour.
Defendant has no objection to Plaintiff’s request for attorney fees in the amount requested.
The Court concludes that Plaintiff was the prevailing party in this action; that the
position of the Commissioner was not substantially justified; and that Plaintiff’s net worth
does not exceed two million dollars. The Court finds that fees in the amount of $4,018.80
is reasonable and warranted in accordance with 28 U.S.C. § 2412.
Accordingly,
IT IS ORDERED:
1.

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Plaintiff’s application for attorney fees pursuant to the Equal Access to Justice
Act (filing 31) is granted.

These hourly rates are within the statutory maximum of $125.00, adjusted for
inflation since March, 1996.

2.

By separate document, the Court will enter judgment for Plaintiff and against
Defendant, providing that Plaintiff is awarded attorney fees in the amount of
$4,018.80, subject to offset to satisfy any preexisting debt that Plaintiff might
owe to the United States.

DATED May 2, 2014.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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