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Collier v. Colvin

United States District Court, E.D. Arkansas, Western Division

January 8, 2015

BENJAMIN COLLIER, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant.

ORDER

SUSAN WEBBER WRIGHT, District Judge.

Before the Court is Plaintiff's motion for attorney's fees under the Equal Access to Justice Act ("EAJA") (ECF Nos. 18, 19). The time for a response has passed, and the Commissioner has not responded. After careful consideration, the motion is granted.

On July 17, 2014, the Court granted the Commissioner's unopposed motion for reversal and remand. Now before the Court is Plaintiff's motion seeking $3, 084.50 in attorney's fees, based on 19.9 hours of attorney work at the hourly rate of $155. With no objections filed, the Court finds that the requested fee award should be granted.

Pursuant to Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521 (2010), an award of EAJA fees belongs to the prevailing party, not that party's lawyer. Consistent with the Commissioner's usual procedure, the check awarding EAJA fees should be made payable to Plaintiff, but mailed to the care of Plaintiff's attorney at the attorney's office.

IT IS THEREFORE ORDERED that Plaintiff's Motion for Attorney's Fees (ECF No. 18) is GRANTED.

IT IS FURTHER ORDERED that Plaintiff is awarded $3, 084.50 in attorney's fees and expenses under the EAJA. Consistent with the Commissioner's usual procedure in light of Astrue v. Ratliff, 560 U.S. 586 (2010), the check awarding EAJA attorney's fees should be made payable to Plaintiff, but mailed to the care of Plaintiff's attorney, Mark E. Buchner, at the attorney's office.

IT IS SO ORDERED.


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