Smith v. Commissioner, SSA, No. 4:2020cv00699 - Document 30 (E.D. Tex. 2021)
Court Description: MEMORANDUM OPINION AND ORDER granting 27 MOTION for Attorney Fees UNDER THE EQUAL ACCESS TO JUSTICE ACT filed by Michael P Smith. Signed by District Judge Sean D. Jordan on 8/9/2021. (daj, )
Download PDF
<![CDATA[
Smith v. Commissioner, SSA Doc. 30 Case 4:20-cv-00699-SDJ-CAN Document 30 Filed 08/09/21 Page 1 of 1 PageID #: 826 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION MICHAEL P. SMITH v. COMMISSIONER, SSA § § § § § CIVIL ACTION NO. 4:20-CV-699 MEMORANDUM OPINION AND ORDER The Court, having reviewed Plaintiff Michael P Smith’s Application for Attorney Fees under the Equal Access to Justice Act, (Dkt. #27), and the . Commissioner’s Response, (Dkt. #29), 1 wherein the Commissioner does not object to the requested fee, finds that Plaintiff’s Motion is well taken and should be granted. Accordingly, It is therefore ORDERED that Plaintiff’s Motion, (Dkt. #27), is GRANTED, and the Commissioner is directed to pay six thousand twenty-four dollars and ninety cents, ($6,024.90), in attorney fees. Payment shall be made payable to Plaintiff and mailed to Plaintiff’s counsel of record. So ORDERED and SIGNED this 9th day of August, 2021. ____________________________________ SEAN D. JORDAN UNITED STATES DISTRICT JUDGE The Commissioner contends that a mathematical error exists in Plaintiff’s calculations and the attorneys’ fees requested is actually $6,025.50. (Dkt. #29). However, the Commissioner erroneously used $200.85 as the hourly rate, (Dkt. #29), instead of the hourly rate utilized by Plaintiff, $200.83. (Dkt. #27). Because the Court finds that Plaintiff has calculated the correct amount, $6,024.90, (Dkt. #27), the Court awards such amount. 1 Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
