Tanner v. Commissioner of Social Security

Filing 17

OPINION: The parties' Stipulation to Award of Attorney Fees and Costs (d/e 16 ) is ALLOWED. The Court awards Plaintiff Tammy J. Tanner $5,608.73 in attorney fees and $0.00 in costs. Plaintiff has assigned the award of fees to her attorney. The Commissioner is therefore directed to pay the amount of the award that is not subject to offset directly to her attorney, David D. Camp. SEE WRITTEN OPINION. Entered by Magistrate Judge Tom Schanzle-Haskins on 8/17/2018. (MJC, ilcd)

E-FILED

Friday, 17 August, 2018 03:33:42 PM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
TAMMY J. TANNER,

)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

No. 17-cv-3255

OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
This matter comes before the Court on The parties’ Stipulation to
Award of Attorney Fees and Costs ( d/e 16) (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 April 6, 2018 (d/e 11). 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 an
award of attorney fees to Plaintiff. The Court has further reviewed the
Stipulation and determines that the request of $5,608.73 in attorney fees
and $0.00 in costs is reasonable and appropriate in this case. The
Stipulation is therefore allowed.
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Plaintiff has assigned her right to attorney fees to her 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’ Stipulation to Award of Attorney Fees and
Costs (d/e 16) is ALLOWED. The Court awards Plaintiff Tammy J. Tanner
$5,608.73 in attorney fees and $0.00 in costs. Plaintiff has assigned the
award of fees to her attorney. The Commissioner is therefore directed to
pay the amount of the award that is not subject to offset directly to her
attorney, David D. Camp.
ENTER: August 17, 2018

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

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