Opinion
No. CV 09-1740-PHX-MHM.
March 30, 2011
ORDER
Currently before the Court is Plaintiff's Application for Attorney's Fees Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). (Doc. 21). The Commissioner of Social Security (the "Commissioner") filed a Response, (Doc. 22), and Plaintiff filed a Reply. (Doc. 23). After reviewing the pleadings, the Court issues the following Order.
I. BACKGROUND
On August 21, 2009, Plaintiff sought judicial review of the Commissioner's decision rejecting her disability claim. (Doc. 1). On July 27, 2010, the Court granted the Parties' stipulation to remand the case to the Social Security Administration. (Doc. 19). Plaintiff subsequently filed her motion for attorney's fees on August 26, 2010. (Doc. 21).
II. REQUEST FOR ATTORNEY'S FEES
III. EAJA AWARD DISBURSEMENT
Astrue v. Ratliff130 S.Ct. 2521 2529
Plaintiff is also entitled to an award of costs under the EAJA, 28 U.S.C. § 2412(a)(1). The Commissioner does not contest Plaintiff's request for $350.00 in costs. However, costs, unlike expenses, are administered by the Department of Justice. As such, the Court will direct that the $350.00 awarded to the Plaintiff for costs under the EAJA shall be paid out of the Judgment Fund, and not from the Commissioner's funds.
Accordingly,
IT IS ORDERED that Plaintiff's Application for Attorney's Fees Pursuant to the Equal Access to Justice Act is GRANTED. (Doc. 27). Plaintiff is awarded attorney's fees totaling $4,616.30, resulting from 26.80 attorney hours.
IT IS FURTHER ORDERED that Plaintiff is awarded $350.00 in costs, to be paid out of the Judgment Fund, as administered by the Department of Justice.
IT IS FURTHER ORDERED that all fees and costs shall be paid directly to Plaintiff, Merinda Lopez.
DATED this 29th day of March, 2011.