Anderson v. Commissioner of Social Security

Filing 31

OPINION: Plaintiff Kent V. Anderson's Application for Attorney's Fees Under the Equal Access to Justice Act (d/e 30 ) is ALLOWED. The Court awards Plaintiff Kent V. Anderson the sum of $13,930.17 in attorney fees. Plaintiff has assig ned the award of fees to his attorney. The Commissioner is therefore directed to pay the amount of the award that is not subject to offset directly to his lead attorney, Frederick J. Daley, Jr., and Daley Disability Law. (SEE WRITTEN OPINION.) Entered by Magistrate Judge Tom Schanzle-Haskins on 7/12/2017. (GL, ilcd)

E-FILED

Friday, 14 July, 2017 01:47:56 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, PEORIA DIVISION
KENT V. ANDERSON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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No. 15-cv-1360

OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Plaintiff Kent V. Anderson’s
Application for Attorney’s Fees Under the Equal Access to Justice Act
(d/e 30). The parties have consented, pursuant to 28 U.S.C. §636(c), to
proceed before this Court. Consent to the Exercise of Jurisdiction by a
United States Magistrate Judge and Reference Order entered August 15,
2016 (d/e 17). Plaintiff prevailed in this matter and now requests an award
of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §
2412(d). The Plaintiff’s Motion (d/e 30) was filed and served on June 19,
2017. A response was due from Defendant Commissioner of Social
Security on or before July 3, 2017. Defendant did not timely respond to
Plaintiff’s Motion, therefore, pursuant to Local Rule 7.1(B)(2), the Court
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presumes Defendant does not object to Plaintiff’s motion for attorney fees
and costs. The Court has further reviewed the request and determines that
the request of $13,930.17 in attorney fees is reasonable and appropriate in
this case. The Motion is therefore allowed.
Plaintiff has assigned his right to attorney fees to his counsel. Such
an assignment is appropriate as long as the award of fees is not subject to
offset for any debt that Plaintiff may owe the United States. See Astrue v.
Ratliff, 560 U.S. 586, 130 S.Ct. 2521, 2529-30 (2010). The Commissioner
will therefore pay the amount of the award that is not subject to offset
directly to Plaintiff’s attorney.
WHEREFORE Plaintiff Kent V. Anderson’s Application for Attorney’s
Fees Under the Equal Access to Justice Act (d/e 30) is ALLOWED. The
Court awards Plaintiff Kent V. Anderson the sum of $13,930.17 in attorney
fees. Plaintiff has assigned the award of fees to his attorney. The
Commissioner is therefore directed to pay the amount of the award that is
not subject to offset directly to his lead attorney, Frederick J. Daley, Jr., and
Daley Disability Law.
ENTER: July 12, 2017

s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE
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