Opinion
Civil Action No. 03-2517-CM.
October 7, 2004
MEMORANDUM AND ORDER
Plaintiff filed the instant action after receiving a final decision from the Social Security Administration denying her claim for disability benefits. In response to plaintiff's opening brief, the Commissioner filed a Motion to Remand. The Commissioner requested the court to reverse plaintiff's case and remand it pursuant to sentence four of 42 U.S.C. § 405(g). Accordingly, the court reversed and remanded the case pursuant to sentence four of § 405(g). This matter is before the court on plaintiff's Motion for Award of Attorneys Fees Pursuant to the Equal Access to Justice Act (Doc. 17).
The Equal Access to Justice Act (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).
Plaintiff's attorney requests that attorney's fees be awarded at the hourly rate of $142.50, and further states that the time expended in work before this court totals 33.95 hours. Plaintiff's counsel therefore requests an award of attorney's fees in the amount of $4,837.88. In support, plaintiff's counsel attached as an exhibit an itemization of time expended from the period of preparation and filing of the Complaint through the filing of the instant motion. The Commissioner filed no response in objection to this amount.
The court finds that the hours claimed by plaintiff's attorney are reasonable. The court also finds that the hourly rate requested is appropriate. Therefore, the court awards plaintiff's attorney fees under EAJA in the amount of $4,837.88.
IT IS THEREFORE ORDERED that plaintiff's Motion for Award of Attorneys Fees Pursuant to the Equal Access to Justice Act (Doc.) is granted, and plaintiff's attorney is awarded fees under EAJA in the amount of $4,837.88.