Birge v. Astrue

Filing 20

Order Adopting 19 Findings and Recommendation of the United State Magistrate Judge. Accordingly, plaintiff's 16 motion for attorney fees pursuant to the Equal Access to Justice Act, filed 4/19/2013 is GRANTED in part. Plaintiff is hereb y awarded $4,474.83 in attorney's fees, based on 25.10 hours of attorney work at an hourly rate of $178.28, and reimbursable costs in the amount of $350 from the Judgment Fund. (Ordered by Senior Judge A. Joe Fish on 1/10/2014) (axm)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ANTHONY JAMES BIRGE, Plaintiff, VS. CAROLYN W. COLVIN, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:12-CV-1777-G (BH) ORDER After making an independent review of the pleadings, files and records in this case, and the findings, conclusions, and recommendation of the of the United States Magistrate Judge, I am of the opinion that the findings, conclusions, and recommendation of the magistrate judge are correct and are adopted as the findings and conclusions of the court. It is therefore ORDERED that the findings, conclusions, and recommendation of the United States Magistrate Judge are adopted. Accordingly, plaintiff’s motion for attorney fees pursuant to the Equal Access to Justice Act, filed April 19, 2013 (docket entry 15), is GRANTED in part. Plaintiff is hereby awarded $4,474.83 in attorney’s fees, based on 25.10 hours of attorney work at an hourly rate of $178.28, and reimbursable costs in the amount of $350 from the Judgment Fund. The award of attorney’s fees in this case should be made payable directly to plaintiff and mailed to plaintiff’s counsel. If plaintiff is successful at the administrative level and an application for attorney’s fees before this court is made under § 406(b), counsel for plaintiff is GRANTED an extension of thirty (30) days from receipt of the Notice of Award within which to submit the fee application. January 10, 2014. ___________________________________ A. JOE FISH Senior United States District Judge -2-

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