Bakewell v. Commissioner Social Security Administration, No. 3:2007cv01295 - Document 41 (D. Or. 2011)
Court Description: Opinion and Order. The Court GRANTS Plaintiff's Supplemental Application 38 for Fees and Expenses pursuant to the Equal Access to Justice Act for $1,285.59 in attorneys' fees. Signed by Judge Anna J. Brown 0n 1/3/2011. See 3 page Opinion and Order for full text. (bb)
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Bakewell v. Commissioner Social Security Administration Doc. 41 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION MARY E. BAKEWELL, Plaintiff, 07-CV-1295-BR OPINION AND ORDER v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. TIM WILBORN 2020-C SW 8th Avenue, PMB #294 West Linn, Oregon 97068 (503) 697-7019 Attorney for Plaintiff DWIGHT C. HOLTON United States Attorney ADRIAN L. BROWN Assistant United States Attorney 1000 S.W. Third Avenue, Suite 600 Portland, OR 97204-2902 (503) 727-1003 1 - OPINION AND ORDER Dockets.Justia.com DAVID MORADO Regional Chief Counsel KATHRYN A. MILLER Special Assistant United States Attorney Social Security Administration 701 5th Avenue, Suite 2900 M/S 901 Seattle, WA 98104-7075 (206) 615-2240 Attorneys for Defendant BROWN, Judge. This matter comes before the Court on Plaintiff Mary E. Bakewell's Supplemental Application (#38) for Fees and Expenses Pursuant to the Equal Access to Justice Act (EAJA) in which she seeks $1,285.59 in supplemental attorneys' fees for time spent litigating Plaintiff’s entitlement to EAJA fees. For the reasons that follow, the Court GRANTS Plaintiff's request for $1,285.59 in supplemental attorneys' fees pursuant to the EAJA. On September 8, 2010, the Court issued an Opinion and Order (#37) in which the Court granted in part and denied in part Plaintiff’s Application (#26) for Fees Pursuant to the EAJA and found Plaintiff was entitled to $12,437.46 in attorneys’ fees and $69.62 in costs. Plaintiff now requests an additional $1,285.59 in attorneys’ fees for time spent on successfully litigating that award of attorneys’ fees and costs. See Comm’r, I.N.S. v. Jean, 496 U.S. 154, 162-66 (1990)(when a plaintiff successfully litigates a request for attorneys’ fees and costs, EAJA provides 2 - OPINION AND ORDER for same when reasonable). On December 20, 2010, Defendant filed a Response to Plaintiff’s request in which the Commissioner does not oppose Plaintiff’s requested supplemental attorneys’ fees. The Court has reviewed Plaintiff’s supplemental application, her Memorandum in support, and the time sheets submitted by Plaintiff’s counsel for the time he spent to secure the Court’s earlier award of attorneys’ fees and costs. In light of the Court’s Opinion and Order issued on September 8, 2010, the Court concludes Plaintiff’s request is reasonable under these circumstances. CONCLUSION For these reasons, the Court GRANTS Plaintiff's Supplemental Application (#38) for Fees and Expenses Pursuant to the Equal Access to Justice Act for $1,285.59 in attorneys' fees. IT IS SO ORDERED. DATED this 3rd day of January, 2011. /s/ Anna J. Brown ANNA J. BROWN United States District 3 - OPINION AND ORDER
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