Wells v. Social Security Administration
Filing
23
ORDER granting 20 Plaintiff's Motion for Attorney Fees. Plaintiff is awarded $3,460.30. Signed by Magistrate Judge Jerome T. Kearney on 03/11/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
TROY WELLS
V.
PLAINTIFF
CASE NO. 3:12CV164 JTK
MICHAEL J. ASTRUE,
Commissioner, Social
Security Administration
DEFENDANT
ORDER
Pending is Plaintiff’s Motion for Attorney’s Fees under the Equal Access to Justice
Act (“EAJA”), 28 U.S.C. § 2412 (DE #20). In the motion, Plaintiff requests $3,460.30 in
fees and expenses. The Commissioner has no objection. After careful consideration, the
Court hereby finds that the motion should be granted and that Plaintiff be awarded reasonable
attorney’s fees and expenses.
EAJA fees are payable to Plaintiff, not Plaintiff’s attorney, and such fees are subject
to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 130 S. Ct.
2521 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff,
in care of his attorney, will issue to Plaintiff’s attorney.
Accordingly, the Motion for Attorney’s Fees (DE #20) is GRANTED. Plaintiff is
awarded $3,460.30.
IT IS SO ORDERED this 11th of March, 2013.
____________________________________
UNITED STATES MAGISTRATE JUDGE
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