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)

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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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