Lockett v. Astrue, No. 1:2009cv01645 - Document 20 (N.D. Ga. 2010)

Court Description: OPINION and ORDER granting Plaintiff's 18 Motion for Attorney's Fees and DIRECTS the Social Security Administration to award Plaintiff attorney's fees in the amount of $2,637.50. Signed by Judge J. Owen Forrester on 3/30/10. (bse)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION James Lockett, Plaintiff, v. Michael J. Astrue, Defendant. : : : : : : : : : : CIVIL ACTION NO. 1:09-cv-01645-JOF OPINION & ORDER This matter is before the court on Plaintiff s motion for attorney s fees [18]. Plaintiff, James Lockett, brought the instant claim seeking judicial review of the Commissioner of Social Security s denial of his disability insurance benefits claim. On December 23, 2009, the court issued an order reversing the Commissioner s decision and remanding pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff has now filed the instant motion for attorney s fees pursuant to the Equal Access to Justice Act ( EAJA ), 28 U.S.C. § 2412(d). Plaintiff seeks fees in the amount of $2,562.50 or $125 per hour for 20.50 hours of attorney s work and $75 or $60 per hour for 1.25 hours of legal assistant s work for a total of $2,637.50. The Commissioner does not oppose Plaintiff s request for attorney s fees. AO 72A (Rev.8/82) The EAJA has set a cap of $125.00 per hour on the amount of attorney s fees that can be awarded under the statute. 28 U.S.C. § 2412(d)(2)(A). As Plaintiff s request for attorney s fees meets the requirements set forth by statute, the court GRANTS Plaintiff s motion for attorney s fees [18] and DIRECTS the Social Security Administration to award Plaintiff attorney s fees in the amount of $2,637.50. IT IS SO ORDERED this 30th day of March 2010. /s J. Owen Forrester J. OWEN FORRESTER SENIOR UNITED STATES DISTRICT JUDGE 2 AO 72A (Rev.8/82)