Griffin v. Wolvin

Filing 29

MEMORANDUM AND ORDER - 1) Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act, (filing no. 27 ), is granted; and2) By separate document, the court will enter judgment for Plaintiff and against Defendan t providing that Plaintiff is awarded attorney fees of $6225.00.3) This 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. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC A. GRIFFIN, A Minor Child;
Plaintiff,

8:13CV365

vs.
MEMORANDUM AND ORDER
CAROLYN W. COLVIN, Acting
Commissioner of Social Security;
Defendant.

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 No. 27).
Defendant has no objection to awarding of fees and expenses in the amount of $6,225.00,
the amount requested by the plaintiff, representing 41.5 hours of attorney work at
$150.00 per hour.

The Social Security Act authorizes a federal district court to award attorney fees
for representation before the court under § 406(b). District courts are responsible for
conducting an “independent check” to ensure the fee award is reasonable. Gisbrecht v.
Barnhart, 535 U.S. 789, 807 (2002).

The court has reviewed the fee application, the

underlying case, the arguments raised, and the outcome. Plaintiff was the prevailing
party in this action; the Commissioner’s decision was reversed and the matter was
remanded for further proceedings; the position of the Commissioner was not substantially
justified; the application for fees was filed in a timely fashion; and the Plaintiff’s net
worth did not exceed $2 million when the action was filed.
Based on the information of record, the court finds the motion for attorney’s fees
pursuant to 42 U.S.C. § 406(b) in the amount of $6,225.00, is reasonable and should be
granted.

Accordingly,
IT IS ORDERED:
1)

Plaintiff's application for attorneys fees pursuant to the Equal Access to
Justice Act, (filing no. 27), is granted; and

2)

By separate document, the court will enter judgment for Plaintiff and
against Defendant providing that Plaintiff is awarded attorney fees of
$6225.00.

3)

This 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.

December 8, 2014.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a
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