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Hoffman v. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


May 19, 2010

DAREN HOFFMAN, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Scullin, Senior Judge

ORDER

On April 16, 2010, Magistrate Judge Peebles so ordered the parties' "Consent Order to Remand pursuant to sentence 4 of 42 U.S.C. § 405(g)." See Dkt. No. 18. The Court entered judgment as a result of that Consent Order, reversing Defendant's final decision and remanding the matter to Defendant for further administrative action. See Dkt. No. 19.

On April 29, 2010, Plaintiff filed a motion for attorney's fees pursuant to the Equal Access to Justice Act, in which he sought attorney's fees in the amount of $5,991.37. See Dkt. No. 20. On May 17, 2010, Defendant filed a letter, in which he stated that he had no objection to Plaintiff's motion for attorney's fees. See Dkt. No. 21.

Having reviewed the parties' submissions and the applicable law and, in light of Defendant's consent to Plaintiff's motion, the Court hereby

ORDERS that Plaintiff's motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), is GRANTED; and the Court further

ORDERS that Defendant shall pay attorney's fees in the amount of $5,991.37 directly to Plaintiff's counsel; and the Court further

ORDERS that the Clerk of the Court shall amend the judgment to reflect this award of attorney's fees.

IT IS SO ORDERED.

20100519

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