Young v. Colvin

Filing 24

MEMORANDUM AND ORDER - Plaintiff's application for attorneys fees pursuant to the Equal Access to Justice Act (Filing 21 ) is granted, but the award shall be in the amount of $5,967.00, as agreed by the parties. (Filings 22 & 23 .) The EAJA fee is payable to Plaintiff as the litigant and may be subject to offset to satisfy any pre-existing debt the litigant may owe to the United States. By separate document, the court shall enter judgment for Plaintiff and against Defendant, providing that Plaintiff is awarded attorney fees of $5,967.00. Ordered by Senior Judge Richard G. Kopf. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VIVIAN YOUNG,
Plaintiff,
v.
CAROLYN J. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.

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8:14CV15

MEMORANDUM
AND ORDER

This matter is before the court upon Plaintiff’s application for attorney fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Filing 21.)
Plaintiff’s application requests an award of $6,158.25 for 31.2 hours of work by her
attorneys at an average hourly rate of $191.25. The parties have since agreed,
however, that Plaintiff should receive an award of $5,967.00. (Filings 22 & 23.)
The court has determined that Plaintiff was indeed the prevailing party in this
action, as the Commissioner’s decision was reversed and remanded for further
proceedings; the position of the Commissioner was not substantially justified; the
application for fees was filed in a timely fashion; and Plaintiff’s net worth did not
exceed two million dollars when the action was filed. United States SEC v. Zahareas,
374 F.3d 624, 630 (8th Cir. 2004); 28 U.S.C. § 2412(d)(1)(A), (2)(B). Plaintiff
therefore is entitled to an award of reasonable attorney fees. Further, in accordance
with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA fee is payable to Plaintiff as the
litigant and may be subject to offset to satisfy any pre-existing debt the litigant may
owe to the United States.
Accordingly,

IT IS ORDERED:
1.
Plaintiff’s application for attorneys fees pursuant to the Equal Access to
Justice Act (Filing 21) is granted, but the award shall be in the amount of $5,967.00,
as agreed by the parties. (Filings 22 & 23.)
2.
The EAJA fee is payable to Plaintiff as the litigant and may be subject
to offset to satisfy any pre-existing debt the litigant may owe to the United States.
3.
By separate document, the court shall enter judgment for Plaintiff and
against Defendant, providing that Plaintiff is awarded attorney fees of $5,967.00.
DATED this 20th day of July, 2015.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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