Emmons v. Social Security Administration

Filing 18

ORDER granting 15 Motion for Attorney Fees. Plaintiff is awarded $1,987.02. Signed by Magistrate Judge Jerome T. Kearney on 11/16/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

DONNA EMMONS
V.

PLAINTIFF
Case No. 3:17-cv-00058 JTK

NANCY BERRYHILL,
Acting 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 #15). In the motion, Plaintiff requests $1,987.02 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.
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 #15) is GRANTED. Plaintiff is
awarded $1,987.02
IT IS SO ORDERED this 16th day of November, 2017.

____________________________________
UNITED STATES MAGISTRATE JUDGE