Lang v. Kijakazi

D. Nebraska

Lang v. Kijakazi

DecidedNovember 30, 2021

Docket4:20-cv-03119

StatusUnknown

This text of Lang v. Kijakazi (Lang v. Kijakazi) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lang v. Kijakazi, (D. Neb. 2021).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

NICHOLE LYNN LANG,

Plaintiff, 4:20-CV-3119

vs. ORDER KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant.

This matter is before the Court upon the plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (filing 36). The defendant has no objection to awarding of fees and expenses in the amount of $3,400, which represents 24 hours of work at a rate of $125.00 per hour. Filing 37. The Court has determined that plaintiff was the prevailing party in this action, as the application for fees was filed in a timely fashion, and the Commissioner's decision was reversed and the case was remanded to the Commissioner for further proceedings on the government's concession that the position of the Commissioner was not substantially justified because the administrative law judge made findings that were not supported by substantial evidence. See Koss v. Sullivan, 982 F.2d 1226 (8th Cir. 1993). Therefore, the plaintiff is entitled to an award of attorney fees. IT IS ORDERED:

1. The plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (filing 36) 1s granted.

2. By separate document, the Court shall enter judgment for the plaintiff and against the defendant providing that the plaintiff is awarded attorney fees of $3,400.00.

Dated this 30th day of November, 2021. BY THE COURT: i M. Gerrard nited States District Judge

-2-

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

NICHOLE LYNN LANG,

Plaintiff, 4:20-CV-3119

vs. ORDER KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant.

This matter is before the Court upon the plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (filing 36). The defendant has no objection to awarding of fees and expenses in the amount of $3,400, which represents 24 hours of work at a rate of $125.00 per hour. Filing 37. The Court has determined that plaintiff was the prevailing party in this action, as the application for fees was filed in a timely fashion, and the Commissioner's decision was reversed and the case was remanded to the Commissioner for further proceedings on the government's concession that the position of the Commissioner was not substantially justified because the administrative law judge made findings that were not supported by substantial evidence. See Koss v. Sullivan, 982 F.2d 1226 (8th Cir. 1993). Therefore, the plaintiff is entitled to an award of attorney fees. IT IS ORDERED:

1. The plaintiff's Motion for Award of Attorney Fees Pursuant under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (filing 36) 1s granted.

2. By separate document, the Court shall enter judgment for the plaintiff and against the defendant providing that the plaintiff is awarded attorney fees of $3,400.00.

Dated this 30th day of November, 2021. BY THE COURT: i M. Gerrard nited States District Judge

-2-

Cite This Page — Counsel Stack

Bluebook (online)

Lang v. Kijakazi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lang-v-kijakazi-ned-2021.

Opinion

Related

Cite This Page — Counsel Stack