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Bulger v. Colvin

United States District Court, M.D. Alabama, Southern Division

December 8, 2014

TIMOTHY RACINE BULGER, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.

ORDER

CHARLES S. COODY, Magistrate Judge.

Now pending before the court is the defendant's amended response to the plaintiff's motion for an award of attorney's fees which the court construes as a motion to amend the award of fees.[1] (Doc. # 23). On December 5, 2014, the defendant filed a response in which she stated that she agreed to pay fees in the amount of $2, 703.81. However, that amount was incorrect. In fact, the parties agreed that the defendant would pay to the plaintiff $2, 793.81 in attorney's fees and $8.17 in expenses for a total award of $2, 801.98. See Doc. # 23.

Accordingly, upon consideration of the motion to amend, and for good cause, it is ORDERED as follows:

1. That the court's order dated December 5, 2014 (doc. # 22) be and is hereby VACATED.

2. The defendant's motion to amend the award of attorney's fees (doc. # 23) be and is hereby GRANTED.

3. That the motion for attorney's fees (doc. # 19) be and is hereby GRANTED to the extent that the plaintiff be and is hereby AWARDED attorney's fees in the amount of $2, 793.81 and expenses in the amount of $8.17 for a total award of $2, 801.98.

4. To the extent that plaintiff's counsel requests that fees should be awarded to directly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the prevailing party.[2] See 28 U.S.C. § (d)(2)(B). See also Astrue v. Ratliff, ___ S.Ct. ___, 2010 WL 2346547 (2010). The motion that fees be paid directly to counsel be and is hereby DENIED.


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