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Webster v. Comm'r of Soc. Sec.

United States District Court, Eastern District of California
Nov 8, 2022
1:20-cv-00986-HBK (E.D. Cal. Nov. 8, 2022)

Opinion

1:20-cv-00986-HBK

11-08-2022

DONNA LEE WEBSTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER GRANTING MOTION TO CORRECT COURT ORDER AND AMENDED ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT

(DOC. NO. 21)

HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE

Pending before the Court is Plaintiff's unopposed motion to correct the Court's February 24, 2022 Order granting an award and payment of attorneys' fees under the Equal Access to Justice Act. (Doc. No. 21). It its February 24, 2022 Order, the Court incorrectly combined the $3500.00 for attorney fees and $400.00 for reimbursement of the filing fee, approving a total of $3900.00 in attorney fees and expenses under the EAJA. (Doc. No. 20). Plaintiff should have been awarded $3500.00 in attorney fees and $400.00 for reimbursement of the filing fee.

Accordingly, it is ORDERED:

1. Plaintiff's unopposed motion for leave to correct the Court's February 24, 2022 Order (Doc. No. 21) is GRANTED.

2. Plaintiff's Counsel's Petition for Attorney Fees Under the Equal Access to Justice Act (Docket No. 19) is GRANTED and Plaintiff is awarded $3,500.00 in attorney's fees and $400. for reimbursement of the filing fee, to be paid from the Judgment fund according to 28 U.S.C. §1920. Astrue vs. Ratliff, 130 S.Ct. 2521, 2524 (2010), directs that the check should be made payable to Plaintiff and mailed to Plaintiff's Counsel.


Summaries of

Webster v. Comm'r of Soc. Sec.

United States District Court, Eastern District of California
Nov 8, 2022
1:20-cv-00986-HBK (E.D. Cal. Nov. 8, 2022)
Case details for

Webster v. Comm'r of Soc. Sec.

Case Details

Full title:DONNA LEE WEBSTER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:United States District Court, Eastern District of California

Date published: Nov 8, 2022

Citations

1:20-cv-00986-HBK (E.D. Cal. Nov. 8, 2022)