Elizondo v. Astrue
Filing
23
ORDER GRANTING 21 Motion for Attorney Fees. Signed by Judge Andrew W. Austin. (kkc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
MARY ANN SANCHEZ ELIZONDO,
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF THE
SOCIAL SECURITY
ADMINISTRATION
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A-13-CA-0081-AWA
ORDER
Before the Court is Plaintiff’s Unopposed Motion and Incorporated Brief for Attorney Fees
Under the Equal Access to Justice Act (Dkt. # 21). The EAJA provides, in pertinent part:
Except as otherwise specifically provided by statute, a court shall award to a
prevailing party other than the United States fees and other expenses, in addition to
any costs awarded pursuant to subsection (a), incurred by that party in any civil
action (other than cases sounding in tort), including proceedings for judicial review
of agency action, brought by or against the United States in any court having
jurisdiction of that action, unless the court finds that the position of the United States
was substantially justified or that special circumstances make an award unjust.
28 U.S.C. § 2412(d)(1)(A). Because this suit was remanded to the Commissioner pursuant to
sentence four of the Social Security Act, 42 U.S.C. § 405(g), Plaintiff Maryann Sanchez Elizondo
is deemed the prevailing party under this provision. Shalala v. Shaefer, 509 U.S. 292, 300-02
(1993).
Because the Motion is unopposed and appears meritorious, the Court HEREBY GRANTS
Plaintiff’s Unopposed Motion and Incorporated Brief for Attorney Fees Under the Equal Access to
Justice Act (Dkt. # 21). Accordingly, the Court ORDERS Defendant, Carolyn W. Colvin, the
Acting Commissioner of the Social Security Administration, to tender payment to Plaintiff Maryann
Sanchez Elizondo’s counsel, Laura K. Funk, in the amount of $6,275.06, within thirty (30) days of
entry of this Order.
SIGNED this 12th day of February, 2014.
_____________________________________
ANDREW W. AUSTIN
UNITED STATES MAGISTRATE JUDGE
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