Ransom v. Astrue (CONSENT)

Filing 21

ORDERED as follows: 1) GRANTING plf's 18 Application for Attorney's Fees and Expenses to the extent that the plf be and is hereby AWARDED fees and expenses in the amount of $2,742.88; 2) DENYING 18 motion that fees be paid directly to counsel, as further set out in order. Signed by Honorable Charles S. Coody on 12/24/2008. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION J A M E S A. RANSOM, P l a in tiff , v. M IC H A E L J. ASTRUE, C o m m iss io n e r of Social Security, D e f e n d a n t. ) ) ) ) ) ) ) ) ) )

C I V IL ACTION NO. 2:08cv214-CSC (W O )

ORDER O n December 10, 2008, plaintiff's counsel filed an application for attorney's fees p u rsua n t to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1). (Doc. # 18). Plaintiff's c o u n se l requested that payment of fees be paid to counsel because the plaintiff signed a fee a g re e m e n t in which she assigned any fees awarded to her attorney. The parties agree that $ 2 ,7 4 2 .8 8 is a reasonable attorney's fee in this case. See Doc. # 20. On May 5, 2008, the Eleventh Circuit Court of Appeals decided Reeves v. Astrue, 526 F.3 d 732 (11 th Cir. 2008) in which the Court unambiguously held that "attorney's fees are a w a rd e d to the prevailing party, not to the prevailing party's attorney." A c c o r d in g ly, upon consideration of the motion and for good cause, it is ORDERED as follows: 1. T h a t the plaintiff's application for attorney's fees and expenses (doc. # 18) be Id. at 738.

a n d is hereby GRANTED to the extent that the plaintiff be and is hereby AWARDED fees a n d expenses in the amount of $2,742.88.

2.

To the extent that plaintiff's counsel requests that fees should be awarded

d ire c tly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the p re v a ilin g party. See 28 U.S.C. § (d)(2)(B). See also Reeves v. Astrue, 526 F.3d 732 (11 th C ir. 2008). The motion that fees be paid directly to counsel be and is hereby DENIED. Done this 24 th day of December, 2008.

/s/Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE

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