Curley v. Astrue

Filing 33

ORDER as follows: 1) That the plaintiff's 27 Motion for Attorney Fees and expenses be and is hereby granted to the extent that the plaintiff be and is hereby awarded fees and expenses in the amount of $4,280.48; 2) To the extent that plai ntiff's counsel requests that fees should be awarded to directly to counsel, 28 USC 2412(d)(1)(A) authorizes the court to award fees to the prevailing party; See 28 USC (d)(2)(B); See also Reeves v. Astrue, __F.3d__, 2008 WL 1930587 (11th Cir. May 5, 2008) (No. 07-11404); The motion that fees be paid directly to counsel be and is hereby denied. Signed by Honorable Charles S. Coody on 10/15/08. (vma, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JUDY CURLEY, o/b/o J.K.C., Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:07cv905-CSC ( W O) ORDER On September 16, 2008, plaintiff's counsel filed an application for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d)(1). (Doc. # 27). Plaintiff's counsel requested that payment of fees be paid to counsel because the plaintiff signed a fee agreement in which she assigned any fees awarded to her attorney. The parties agree that $4,280.48 is a reasonable attorney's fee in this case. See Docs. # 31 & 32. On May 5, 2008, the Eleventh Circuit Court of Appeals decided Reeves v. Astrue, ___ F.3d ___, 2008 WL 1930587 (11th Cir. May 5, 2008) (No. 07-11404) in which the Court unambiguously held that "attorney's fees are awarded to the prevailing party, not to the prevailing party's attorney." Id. Accordingly, upon consideration of the motion and for good cause, it is ORDERED as follows: 1. That the plaintiff's application for attorney's fees and expenses (doc. # 27) be and is hereby GRANTED to the extent that the plaintiff be and is hereby AWARDED fees and expenses in the amount of $4,280.48. 2. 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. See 28 U.S.C. (d)(2)(B). See also Reeves v. Astrue, ___ F.3d ___, 2008 WL 1930587 (11th Cir. May 5, 2008) (No. 07-11404). The motion that fees be paid directly to counsel be and is hereby DENIED. Done this 15th day of October, 2008. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE 2

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