Pickett v. Commissioner of Social Security

Filing 26

Memorandum Opinion and Order re. attorney's fees. Pursuant to the parties joint stipulation, Plaintiff is awarded $3,175.00 in attorney fees. Parties to verify that Plaintiff owes no pre-existing debts to the United States that are subject to offset. Magistrate Judge Nancy A. Vecchiarelli on 3/18/2013. (Related documents 22 , 21 ) (G,W)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

CHRISTOPHER L. PICKETT,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,

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CASE NO:

3:12-CV-396

MAGISTRATE JUDGE
NANCY A. VECCHIARELLI

MEMORANDUM OPINION
AND ORDER

Defendant.

This case is before the Magistrate Judge by the consent of the parties. (Doc.
No. 15.) On February 14, 2013, Plaintiff, Christopher L. Pickett, through his attorney,
Kirk B. Roose, filed a motion for attorney fees under the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d), in the amount of $3,267.20. (Application for Attorney
Fees (“EAJA Motion”), Doc. No. 22.) This amount represented: (1) 15.8 hours of work
performed by Attorney Roose, at a rate of $184.38 per hour (EAJA Motion at Ex. 1,
Doc. No. 22-1); (2) 6.1 hours of work performed by Appellate Assistant Diane J. Shriver,
at a rate of $50.00 per hour (EAJA Motion at Ex. 2, Doc. No. 22-2); and (3) costs and
expenses in the amount of $49.00 (EAJA Motion at Ex. 3, Doc. No. 22-3). Defendant
did not file any opposition to the EAJA Motion.1

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On February 14, 2013, Carolyn W. Colvin became Acting Commissioner
of Social Security. She is automatically substituted as the defendant in
this case pursuant to Rule 25(d) of the Federal Rules of Civil Procedure
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On March 14, 2013, the parties filed a Joint Stipulation to an Award of Fees
under the EAJA Fees in the amount of $3,175.00. (Doc. No. 21.) The parties have not
indicated what portion of the stipulated amount, if any, is to be assigned to each of the
categories of fees requested in the EAJA Motion. The Court finds the stipulated
amount to be reasonable. Therefore, the Court awards Plaintiff $3,175.00 in attorney
fees pursuant to the EAJA. This award shall satisfy all of Plaintiff’s claims for fees and
expenses under 28 U.S.C. § 2412. Pursuant to the parties’ stipulation, if counsel for
the parties can verify that Plaintiff owes no pre-existing debts to the United States that
are subject to offset, Defendant shall direct that the award be made payable to
Plaintiff’s counsel subject to the assignment signed by Plaintiff and his counsel, and
that the Treasury Department mail any check in this matter to the business address of
Plaintiff’s counsel.
IT IS SO ORDERED.

s/ Nancy A. Vecchiarelli
U.S. Magistrate Judge

Date: March 18, 2013

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