Summary
The United States District Court for the Eastern District of Arkansas grants Bret Hamrick's motion for attorney's fees under the Equal Access to Justice Act. The court approves an award of $2,955.70 and directs the Department of the Treasury to issue payment to Hamrick in care of his attorney, consistent with Astrue v. Ratliff.
Topics
Practice areas
Questions Presented
- Whether Hamrick was entitled to the requested $2,955.70 EAJA attorney's-fee award.
- Whether the EAJA award should be payable to Hamrick rather than directly to his attorney.
Holdings
- The court granted the motion and approved an EAJA award of $2,955.70 because the requested hours and hourly rate were not unreasonable and the Commissioner did not object.
- The EAJA award belongs to Hamrick, not his attorney, and the Department of Treasury must issue payment by check payable to Hamrick in care of his attorney.
Key quotations
“Because the award belongs to Hamrick, and not his attorney, as set forth in Astrue v. Ratliff, 560 U.S. 586 (2010), the Department of Treasury shall issue payment of this award by check made payable to Hamrick, in care of his attorney, Stephanie Bartels Wallace, and shall mail the check to Ms. Wallace at her Jonesboro, Arkansas address.”
Factual background
Hamrick's counsel requested $2,955.70 in attorney's fees under the Equal Access to Justice Act. The Commissioner did not object, and the court found nothing unreasonable about the hours worked or the hourly rate requested.
Procedural history
After the underlying Social Security action, Hamrick's counsel filed a motion for $2,955.70 in attorney's fees under the EAJA. The court granted the motion and directed that payment be issued to Hamrick, in care of his attorney.