Wilbur v. Commissioner of Social Security

Filing 26

ORDER: regarding the # 18 Stipulation, 19 Motion for Attorney Fees; and 23 Letter Motion/Stipulation. It is Ordered that Plaintiff is awarded EAJA fees in the amount of $8,106.47 in full satisfaction of all claims. It further ORDERED that Defendant shall make plaintiff the payee on the check. See Astrue v. Ratliff, 560 U.S. 586, 593 (2010). Defendant shall, however, transmit the check to plaintiffs attorney, Howard D. Olinsky, Esq., to enable his enforcement of nonstatutory (contractual and other assignmentbased) rights that confer upon him entitlement to payment of such fee.Signed by Magistrate Judge Earl S. Hines on 6/5/2015. (jmb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

JAMES A. WILBUR,
Plaintiff,
versus
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

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CIVIL ACTION NO. 5:13-110

ORDER AWARDING ATTORNEY’S FEES UNDER THE
EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)
Before the court is plaintiff’s request for attorney’s fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of $8,106.47.
(Dkt. No. 18). The Commissioner stipulated that such amount represents a
reasonable award for fees, costs, and other expenses (Dkt. No. 18), but recently
submitted a letter (Dkt. No. 24) stating that plaintiff’s counsel’s time records
may not have been created and maintained contemporaneously.

The

Commissioner further cites cases involving contested EAJA fee applications
wherein courts concluded that contemporaneous time records are prerequisites.
(Dkt. No. 24).
EAJA authorizes courts to award reasonable attorney fees and expenses
to successful litigants against the United States. See 28 U.S.C. §§ 2412(d)(1)(A),
2412(d)(2)(A). When, as here, the government stipulates that a requested fee
award is reasonable, and the requested fee is not conspicuously excessive in
relation to typical awards in similar cases, lack of proof of contemporaneous time
records is not fatal to the application. It is, therefore,

ORDERED that the Consent Order for Payment of Attorney Fees Under
EAJA (Dkt. No. 18) is GRANTED, and Plaintiff is awarded EAJA fees in the
amount of $8,106.47, in full satisfaction of all claims.
It further ORDERED that Defendant shall make plaintiff the payee on
the check. See Astrue v. Ratliff, 560 U.S. 586, 593 (2010). Defendant shall,
however, transmit the check to plaintiff’s attorney, Howard D. Olinsky, Esq., to
enable his enforcement of nonstatutory (contractual and other assignmentbased) rights that confer upon him entitlement to payment of such fee.
Hello This is a Test

June
5
SIGNED this _________day of _______________________, 2015.

Earl S. Hines
United States Magistrate Judge

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