Hunt v. Colvin

Filing 22

OPINION (See Written Opinion): The parties' Agreed Motion to Award Attorney Fees and Expenses (d/e 21 ) is ALLOWED. The Court awards Plaintiff Yauseaffe Hunt $7,500.00 in attorney fees and expenses. 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 attorney, David Sutterfield. Entered by Magistrate Judge Tom Schanzle-Haskins on 5/16/2016. (VM, ilcd)

E-FILED

Wednesday, 18 May, 2016 08:55:46 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
YAUSEAFF L. HUNT,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

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No. 14-cv-3098

OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on the parties’ Agreed Motion to
Award Attorney Fees and Expenses (d/e 21). The parties have consented,
pursuant to 28 U.S.C. §636(c), to proceed before this Court. Consent to
Proceed Before a United States Magistrate Judge, and Order of Reference
entered December 31, 2015 (d/e 18). 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 Defendant Commissioner of Social
Security does not object to Plaintiff’s request for attorney fees and costs.
The instant motion is agreed. The Court has further reviewed the request
and determines that the request of $7,500.00 in attorney fees and

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expenses 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 the parties’ Agreed Motion to Award Attorney Fees
and Expenses (d/e 21) is ALLOWED. The Court awards Plaintiff Yauseaffe
Hunt $7,500.00 in attorney fees and expenses. 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
attorney, David Sutterfield.
ENTER: May 16, 2016

s/ Tom Schanzle-Haskins
UNITED STATES MAGISTRATE JUDGE

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