Gristy v. Commissioner of SSA

Filing 24

OPINION: Plaintiff James A. Gristy's Motion for Attorney's Fees 22 is ALLOWED in part. The Court awards Plaintiff James A. Gristy $5,500 in attorney fees and costs. 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 D. Camp. SEE WRITTEN OPINION. Entered by Magistrate Judge Tom Schanzle-Haskins on 12/28/2017. (SKN, ilcd)

E-FILED

Thursday, 28 December, 2017 11:12:01 AM
Clerk, U.S. District Court, ILCD

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

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No. 16-cv-3334

OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Plaintiff James A. Gristy’s
Motion for Attorney’s Fees (d/e 22) (Motion) and the parties’ Stipulation for
Attorney’s Fees Pursuant to Pursuant to the Equal Access to Justice Act
(EAJA), 28 U.S.C. §2412 (d/e 23) (Stipulation). 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 June 8, 2017 (d/e 16). 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 parties have stipulated to the
sum of $5,500 for attorney’s fees and costs. See Stipulation (d/e 23). The
Court has reviewed the request and determines that the request of $5,500
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in attorney fees and costs 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 James A. Gristy’s Motion for Attorney’s Fees
(d/e 22) is ALLOWED in part. The Court awards Plaintiff James A. Gristy
$5,500 in attorney fees and costs. 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 D.
Camp.
ENTER: December 28, 2017

s/ Tom Schanzle-Haskins
TOM SCHANZLE-HASKINS
UNITED STATES MAGISTRATE JUDGE

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