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Peters v. Colvin

United States District Court, D. Nebraska

October 27, 2014

MELINDA STEVENS PETERS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

This matter is before the Court upon the plaintiff's motion for attorney fees (filing 29) pursuant to the Equal Access to Justice Act, 28 U.S.C. ยง 2412(d). Plaintiff has requested fees in the amount of $7, 927.56, representing 44.35 hours of work at $178.75 an hour.[1] However, after conferring, the parties have agreed instead that an award of $7, 480.33 is reasonable.

The Court has determined that the plaintiff was the prevailing party in this action, as this case was remanded to the Commissioner for further action. The Court further finds that the position of the Commissioner was not substantially justified, for the reasons set forth in the Court's previous Memorandum and Order (filing 27). See Koss v. Sullivan, 982 F.2d 1226 (8th Cir. 1993). Finally, the Court finds that the motion for fees was filed in a timely fashion, [2] and that the fees the parties have agreed to are reasonable. Therefore, the plaintiff is entitled to an award of attorney fees in the amount requested. Therefore,

IT IS ORDERED:

1. The plaintiff's motion for attorney fees (filing 29) is granted.
2. By separate document, the Court shall enter judgment for plaintiff and against defendant providing that plaintiff is awarded attorney fees of $7, 480.33.

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