Fentress v. Social Security Administration

Filing 21

ORDER granting 18 Motion for Attorney Fees & Expenses & awarding Plaintiff $3,417.39 in fees & expenses. Signed by Magistrate Judge Beth Deere on 9/23/2010. (jct)

Fentress v. Social Security Administration

Doc. 21

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION

D O N A L D FENTRESS v. CASE NO. 3:09CV00121-BD

P L A IN T IF F

M I C H A E L J. ASTRUE, Commissioner, Social Security Administration

DEFENDANT

ORDER P e n d in g is Plaintiff's Motion for an Award of Attorney's Fees under the Equal A c c e ss to Justice Act ("EAJA"), 28 U.S.C. § 2412 (docket entry #18). In his motion, P la in tif f requests fees and expenses in the amount of $3,417.39. The Commissioner does n o t object to the amount requested (#20). Accordingly, Plaintiff's motion (#18) is G RA N TED . In his motion, Plaintiff states that he has entered into a contract with his counsel in w h ic h he assigned his rights to any EAJA fees and costs and requests that any EAJA fees b e "payable to and mailed directly to his counsel." (#18 at p. 1) In Astrue v. Ratliff, --U .S . ----, 130 S.Ct. 2521, 2527, 2010 WL 2346547 (2010), the United States Supreme C o u rt stated, however, that EAJA fees are to be made "payable to litigants." Accordingly, Plaintiff is awarded $3,417.39 in fees and expenses.

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IT IS SO ORDERED this 23rd day of September, 2010.

___________________________________ U N IT E D STATES MAGISTRATE JUDGE