Opinion
4:23-cv-181-AGH
10-04-2024
J.W., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
AMELIA G. HELMICK UNITED STATES MAGISTRATE JUDGE
Before the Court is Plaintiff's motion for attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Pl.'s Mot. for Att'y's Fees, ECF No. 14. Defendant filed a response of no opposition, provided that Plaintiff's motion for attorney's fees was the only EAJA motion filed in this case. Def.'s Resp. 1, ECF No. 15. Plaintiff did not file a reply. Having considered Plaintiff's motion, and Defendant's response, Plaintiff's motion for attorney's fees (ECF No. 14) is GRANTED. It is ORDERED that Plaintiff is awarded attorney's fees in the amount of $3,383.90.
Plaintiff's motion initially requests $6,864.21. Pl.'s Mot. for Att'y's Fees 1. Later in the motion, Plaintiff requests $3,383.90. Id. ¶ 14. As Defendant correctly points out, see Def.'s Resp. 1 n.1, based upon the hours and hourly rate sought by Plaintiff, the correct amount appears to be $3,383.90. See Pl.'s Mot. for Att'y's Fees ¶ 13 (hourly rate) and Pl.'s Attach. 1, ECF No. 14-1 (hours billed).
Any Payment shall be made payable to Plaintiff and delivered to Plaintiff's counsel if Plaintiff owes a federal debt. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the government may accept Plaintiff's assignment of EAJA fees and pay them directly to Plaintiff's counsel. The Clerk is directed to enter a judgment consistent with this Order.
SO ORDERED and DIRECTED,