Moss v. Astrue (CONSENT)

Filing 21

ORDER that the application 17 is GRANTED, and plaintiff is awarded EAJA fees in the total amount of $1,906.25. Signed by Honorable Judge Susan Russ Walker on 7/18/2012. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
LINDA GAIL MOSS,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.

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CIVIL ACTION NO. 1:11CV726-SRW
(WO)

ORDER
Plaintiff brought the present action pursuant to 42 U.S.C. § 405(g) seeking judicial
review of a decision by the Commissioner of Social Security denying him benefits under the
Social Security Act. On April 3, 2012, on the Commissioner’s motion, this court reversed
the decision and remanded the case for further proceedings pursuant to sentence four of
§ 405(g). Plaintiff’s counsel has filed an application for an award of attorneys fees under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A). Plaintiff’s application
seeks fees in the total amount of $1,906.25. (Doc. # 17). The Commissioner does not oppose
payment of fees in the amount plaintiff seeks but – citing the EAJA, the Anti-Assignment
Act (31 U.S.C. § 3727), and Astrue v. Ratliff, 130 S.Ct. 2521 (2010) – objects to payment
directly to plaintiff’s counsel.1

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Plaintiff’s contract with her attorney, provided as an attachment to the EAJA motion,
includes an assignment of any EAJA award to plaintiff’s counsel. (See Doc. # 17, # 17-4, ¶ V). In
the motion for EAJA fees, counsel does not request that the award be made payable to him.

Upon consideration of plaintiff’s unopposed application for attorney fees pursuant to
the EAJA, it is
ORDERED that the application (Doc. # 17) is GRANTED, and plaintiff is awarded
EAJA fees in the total amount of $1,906.25.
DONE, this 18th day of July, 2012.

/s/ Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE