Wolfe v. Commissioner of Social Security, No. 3:2012cv00374 - Document 27 (N.D. Ind. 2013)

Court Description: OPINION AND ORDER granting 26 Motion for Attorney Fees. The Court orders the Commissioner to pay Plaintiff $4,922.00 payable directly to Plaintiff's attorney, Laura E. Colella. Signed by Magistrate Judge Christopher A Nuechterlein on 8/20/2013. (kds)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION ANNE L. WOLFE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) CAUSE NO. 3:12-cv-374-CAN OPINION AND ORDER On July 1, 2013, the Court reversed the Commissioner s final decision in this matter regarding Plaintiff Anne L. Wolfe s application for Disability Insurance Benefits and ordered that this case be remanded for further proceedings in accordance with its opinion. [Doc. No. 23]. On July 22, 2013, Plaintiff filed an application for attorney s fees under the Equal Access to Justice Act ( EAJA ), 28 U.S.C. § 2412. In her motion, Plaintiff requested $4,922.00 in attorneys fees plus $350 in costs for the filing fee. The undersigned now rules on Plaintiff s motion based on the parties consent and 28 U.S.C. § 636(c). An adverse party shall have fourteen days after service of a motion in which to serve and file a response. N.D. Ind. L.R. 7-1(d)(2)(A). Failure to file a response within the time prescribed may subject the motion to summary ruling. N.D. Ind. L.R. 7-1(d)(4). As of this date, Defendant has neither responded to Plaintiff s motion nor explained the lack of response. Consequently, this Court can only assume that Plaintiff s motion is unopposed. Moreover, Plaintiff timely filed the instant motion and demonstrated that the Commissioner s position was not substantially justified, that she was the prevailing party, and that the cost of living adjustment and numbers of hours expended by counsel staff are reasonable. See 28 U.S.C. § 2412(d)(1). In addition, the Commissioner has not established that Plaintiff owes no pre-existing debt subject to offset and Plaintiff has assigned his right to the award to his attorney. See Mathews-Sheets v. Astrue, 653 F.3d 560, 565 66 (7th Cir. 2011) (citing Astrue v. Ratliff, 130 S.Ct. 2521, 2527 29 (2010)). Therefore, the Court now GRANTS Plaintiff s motion. [Doc. No. 26]. The Court ORDERS the Commissioner to pay Plaintiff $4,922.00, payable directly to Plaintiff s attorney, Laura E. Colella at Arruda & Beaudoin, L.L.P. SO ORDERED. Dated this 20th day of August, 2013. S/Christopher A. Nuechterlein Christopher A. Nuechterlein United States Magistrate Judge 2

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