Shepherd v. Colvin (CONSENT)

Filing 22

ORDER that the application for attorney's fees 19 be and hereby is GRANTED to the extent that the plaintiff be and is hereby AWARDED fees in the amount of $3,753.74. Signed by Honorable Judge Terry F. Moorer on 12/13/2013. (jg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION SANDY JEAN SHEPHERD, ) ) Plaintiff, ) ) v. ) ) CAROLYN W. COLVIN, ) Acting Commissioner of Social Security ) ) Defendant. ) CASE NO. 2:13-cv-277-TFM [wo] ORDER Pending before the Court is Plaintiff’s Application for Attorney Fees Under the Equal Access to Justice Act (Doc. 19, filed 12/03/13) wherein Plaintiff seeks $3,753.74 in attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. In response, the Commissioner filed a Response to Plaintiff’s Motion for Fees (Doc. 21, filed 12/12/13), wherein it is stated the Commissioner agrees that Plaintiff be awarded $3,753.74 as attorney fees under the Equal Access to Justice Act and that these fees are to be paid to Plaintiff subject to offset.1 Accordingly, upon consideration of the application (Doc. 19) and the response (Doc. 21), and for good cause, it is 1 Indeed, 28 U.S.C.§ 2412(d)(1)(A) authorizes the court to award fees to the prevailing party. See Reeves v. Astrue, 526 F. 3d 732, 738 (11th Cir. 2008)(“attorney’s fees are awarded to the prevailing party, not to the prevailing party’s attorney.”) ORDERED that the application for attorney’s fees (Doc. 19) be and hereby is GRANTED to the extent that the plaintiff be and is hereby AWARDED fees in the amount of $3,753.74. DONE this 13th day of December, 2013. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE

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