Coleman v. Astrue

Filing 24

ORDER AWARDING ATTORNEY FEES AND GRANTING MOTION FOR EXTENSION OF TIME; granting 22 Motion for Attorney Fees; granting 23 Motion for Extension of Time.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
SENIADA B. COLEMAN,
Plaintiff,
VS.
MICHAEL J. ASTRUE,
Defendant.

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§ CIVIL ACTION NO. 2:12-CV-354
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ORDER AWARDING ATTORNEY FEES AND GRANTING
MOTION FOR EXTENSION OF TIME
On August 26, 2013, the Commissioner’s determination on Plaintiff’s claim for
disability benefits and supplemental security income was reversed and a sentence for
remand to the Commissioner pursuant to 42 U.S.C. § 405(g) was made. (D.E. 21).
Presently pending before the Court are Plaintiff’s unopposed motions for attorney’s fees
and for an extension of time. (D.E. 22 and D.E. 23). The motions were both filed with
the designation “unopposed,” and no response from Defendant has been filed. According
to the Local Rules for the Southern District of Texas, failure to file a response is taken as
a statement that a party is unopposed to the granting of the relief requested. LR7.4. Both
the fee application and request for extension of time are reasonable and are GRANTED.
It is therefore ORDERED, ADJUDGED, AND DECREED that Plaintiff’s
attorney of record is awarded the sum of Six Thousand Six Hundred Ninety Dollars and
Forty-Four Cents ($6,690.44) in attorney fees pursuant to 28 U.S.C. § 2412 (Equal

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Access to Justice Act) with funds to be payable to Senaida B. Coleman, and mailed in
care of her attorney Laura K. Funk to P.O. Box 111605, Carrollton, TX 75011-1605.
Further, the motion for an extension of time is granted. It is ORDERED that
Plaintiff’s attorney shall file for an award of attorney fees under 42 U.S.C. § 406(b)
within thirty (30) days of receiving notice from the Social Security Administration of a
past due benefits award to Plaintiff.
ORDERED this 24th day of October, 2013.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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