Legal Opinion

Ballard v. Astrue

District Court, W.D. New York

Decided April 27, 2007No. 6:03-cr-06090PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

LARIMER, District Judge.

On January 19, 2007, plaintiff Curtis Ballard (“plaintiff’), a prevailing party in this action for Social Security benefits, moved for an order awarding costs and attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Plaintiffs attorney, Andrew Rothstein, (“Rothstein”), seeks EAJA fees in the amount of $14,052.50, based on 91.25 hours of attorney time at a rate of $154.00 per hour.

The Commissioner does not challenge either Rothstein’s right to an award of EAJA fees, or the hourly rate claimed, but argues that the…

2Cases cited5 opinions

Hensley v. EckerhartSupreme Court of the United States · 1983
Gisbrecht v. BarnhartSupreme Court of the United States · 2002
Myron S. ASTON, Jr., Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppellantCourt of Appeals for the Second Circuit · 1986
Alnutt v. ClearyDistrict Court, W.D. New York · 1998
Pronti v. BarnhartDistrict Court, W.D. New York · 2006

3Cited by1 opinion

Santiago-Aybar v. Commissioner of Social SecurityDistrict Court, D. Puerto Rico · 2008