Piersall v. Commissioner of Social Security
Filing
27
OPINION by Magistrate Judge Tom Schanzle-Haskins entered on 9/5/2018. SEE WRITTEN OPINION. Defendant's Agreed Motion to Award Attorney Fees (d/e 26 ) is ALLOWED. The Court awards Plaintiff Bradley J. Piersall $6,500.00 in attorney fees a nd 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, Peter C. Drummond. Plaintiff's Motion for EAJA Fees Pursuant to 28 U.S.C. 2412 (d/e 25 ) is DENIED as moot. (DM, ilcd)
E-FILED
Friday, 07 September, 2018 09:05:11 AM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
BRADLEY J. PIERSALL,
)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL,
)
Acting Commissioner of Social Security, )
)
Defendant.
)
No. 17-cv-3172
OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on Defendant’s Agreed Motion to
Award Attorney’s Fees (d/e 26) (Agreed Motion). 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 August 23, 2017 (d/e 8). Plaintiff prevailed in this
matter and the parties now request an agreed award of attorney fees under
the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The Court
has further reviewed the Agreed Motion and determines that the request of
$6,500.00 in attorney fees and expenses agreed to by the parties is
reasonable and appropriate in this case. The Agreed Motion is therefore
allowed.
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Prior to Defendant’s filing of the Agreed Motion, Plaintiff filed a Motion
for EAJA Fees Pursuant to 28 U.S.C. 2412 (d/e 25). That motion is denied
as moot.
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 Defendant’s Agreed Motion to Award Attorney Fees
(d/e 26) is ALLOWED. The Court awards Plaintiff Bradley J. Piersall
$6,500.00 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,
Peter C. Drummond. Plaintiff’s Motion for EAJA Fees Pursuant to 28
U.S.C. 2412 (d/e 25) is DENIED as moot.
ENTER: September 5, 2018
s/ Tom Schanzle-Haskins
TOM SCHANZLE-HASKINS
UNITED STATES MAGISTRATE JUDGE
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