Martinez v. Astrue

Filing 25

ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEYS FEES AND EXPENSES granting 23 Motion for Attorney Fees.(Signed by Judge Janis Graham Jack) Parties notified.(mserpa, )

Martinez v. Astrue

Doc. 25

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION
DANNY E. MARTINEZ, Plaintiff, VS. MICHAEL J. ASTRUE, Defendant. § § § § § § § §

CIVIL ACTION NO. C-10-104

ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEYS FEES AND EXPENSES On November 29, 2010, final judgment was entered remanding this case to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) so that a proper assessment could be made of the treating physician's opinion and for plaintiff to undergo additional diagnostic testing if warranted (D.E. 20). The Commissioner did not appeal the decision. On February 23, 2011, plaintiff filed his unopposed motion for attorneys fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (D.E. 23). The Commissioner filed a response agreeing that plaintiff was entitled to EAJA fees and that the amount requested by plaintiff was reasonable, but correctly pointing out that EAJA fees are payable to the plaintiff, not to plaintiff's counsel (D.E. 24). Astrue v. Ratliff, ___ U.S. ___, 130 S.Ct. 2521 (2010). Accordingly, plaintiff's motion (D.E. 20) is granted. As required by 28 U.S.C. § 2412, the Court finds, as alleged, that plaintiff is a prevailing party, that the position of the United States was not substantially justified, and the plaintiff's net worth does not exceed $2,000,000. The Court further finds reasonable the request that plaintiff be compensated for the services of

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his attorney at a rate of $170.00 per hour for 38.6 hours plus reasonable expenses of $22.11, for a total award of $6,584.11. This sum is payable to plaintiff by the Commissioner.

SIGNED and ORDERED this 11th day of March, 2011.

___________________________________ Janis Graham Jack United States District Judge

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