Ground

Ground v. Sullivan

Good Law
785 F. Supp. 1407·1992 WL 52110·1992 U.S. Dist. LEXIS 9156
United States District Court, Southern District of CaliforniaMarch 16, 199289-1453-B(M)California2,121 words

Opinion

Opinion

Brewster, J.

ORDER NUNC PRO TUNC GRANTING PLAINTIFF COUNSEL’S MOTION FOR ATTORNEY’S FEES AND COSTS IN THE AMOUNT OF $10,-518.20

BACKGROUND

Petitioner Ground is a former telephone operator who sought disability benefits pursuant the Social Security Act, 42 U.S.C. § 1381 et seq. On July 1, 1991, the AD concluded that Ms. Ground was not disabled within the meaning of the Act between the period of November 21,1987 and May 31, 1989. Plaintiff then filed a complaint in this court under 42 U.S.C. § 405 (g) to review the Secretary’s decision.

This court’s Order of January 2, 1991, took the cross-motions for summary judgment off calendar and remanded the case to the Administrative Law Judge (ALJ) for clarification of an inconsistency in the AD’s ruling. On remand, the AD again recommended a finding of no disability. However, on November 22, 1991, the Appeals Council rejected the AD’s recommended decision and found that plaintiff had in fact been disabled since November 21, 1987.

Plaintiff’s counsel filed this motion as the prevailing party on December 4, 1991, seeking an award of attorney fees at a rate of $109.28 per hour for 96.25 hours of attorney work and costs of $130.40 under the Equal Access…

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