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Date: 09-06-2022
Case Style:
Case Number: 4:21-cv-00773
Judge: Willie J. Epps, Jr.
Court: United States District Court for the Western District of Missouri (Jackson County)
Plaintiff's Attorney:
Defendant's Attorney: Elizabeth D Hatting
Description: Kansas City, Missouri social security disability lawyer represented Plaintiff seeking review of the denial of his application for disability benefits by HHS.
On August 26, 2022, Plaintiff, by attorney filed a motion for an award of attorney fees under the Equal Access to Justice Act (the “EAJA”), 28 U.S.C. § 2412. (Doc. 22). The Acting Commissioner responded to the pending motion for attorney fees and states that the parties have agreed on an amount to be paid.[1] (Doc. 23).
Under the EAJA, a prevailing party in an action brought against the United States shall be awarded attorney fees unless the position of the United States was “substantially justified” or special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(a). Plaintiff was a prevailing party in this action, an award is appropriate, and the amount of fees agreed to by the parties is reasonable.
Lamar v. Kijakazi (W.D. Mo. 2022)
Outcome:
THEREFORE, IT IS ORDERED that the motion of Plaintiff Mark W. Lamar for an award of attorney fees under the EAJA in the amount of $6,500.00 is granted (Doc. 22). It is further
ORDERED that an award of attorney fees is to be paid by the Social Security Administration. It is further ORDERED that, because Plaintiff has assigned any fee award to his attorney, the Social Security Administration shall pay the award of attorney fees in the amount of $6,500.00, less any offsets for federal debts owed by Plaintiff, to Plaintiff's attorney, James H. Green. See Astrue v. Ratliff, 560 U.S. 586, 597 (2010).
Plaintiff's Experts:
Defendant's Experts:
Comments: