E.M. v. Commissioner of Social Security

United States District Court for the Middle District of Georgia

E.M. v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

E.M., : : Plaintiff, : : v. : No. 5:24-cv-00357-CAR-CHW : COMMISSIONER OF : Social Security Appeal SOCIAL SECURITY : : Defendant. : :

ORDER Before the Court is Plaintiff’s unopposed motion for an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”).

28 U.S.C. § 2412

. (Doc. 19). Along with filing the motion for fees, Plaintiff consented to proceed before a United States Magistrate Judge. (Doc. 17). For the reasons explained below, the motion for attorney’s fees (Doc. 19) is GRANTED. In a prior Order, the Court granted the Commissioner’s unopposed motion to remand (Doc. 14) and remanded this case pursuant to sentence four of

42 U.S.C. § 405

(g). (Docs. 15, 16). Plaintiff now asks for attorney’s fees in the amount of $12,881, for the time expended in litigating this case. (Doc. 19). This requested amount represents compromise between the parties and is less than the fee and hours work reflected in Plaintiff’s motion. See (Doc. 19, p. 1; Doc. 19- 1, p. 4; Doc. 19-3). The Commissioner does not oppose Plaintiff’s request, the requested hours appear to be within a reasonable range, and the rates relied upon by Plaintiff (Doc. 19-1, p. 3-4) appear to comport with this Court’s CPI formula established in Hartage v. Astrue, No. 4:09-cv- 48,

2011 WL 1123401

(M.D. Ga. Mar. 24, 2011). It is accordingly ORDERED that Plaintiff’s unopposed motion for EAJA fees (Doc. 19) be GRANTED, and that Plaintiff be awarded $12,881 in attorney’s fees. This award should be made payable to Plaintiff directly. Astrue v. Ratliff,

560 U.S. 586, 589

(2010). If, however, the United States Department of the Treasury determines that Plaintiff does not owe a federal debt,

the Commissioner may accept Plaintiff’s assignment of EAJA attorney’s fees (Doc. 19-2) and pay the awarded fees directly to Plaintiff’s counsel. SO ORDERED, this 12th day of December, 2025.

s/ Charles H. Weigle Charles H. Weigle United States Magistrate Judge

Reference

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