Givens v. Commissioner of Social Security

Filing 28

OPINION: Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 25 (Motion) is ALLOWED. SEE WRITTEN OPINION. Entered by Magistrate Judge Tom Schanzle-Haskins on 05/02/2019. (SKN, ilcd)

E-FILED

Friday, 03 May, 2019 10:02:26 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION
ANDREA D. GIVENS,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner
Of Social Security,
Defendant.

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No. 18-cv-3068

OPINION
TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE:
Plaintiff Andrea D. Givens’ Motion for Attorney Fees Pursuant to the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d/e 25) (Motion) is
ALLOWED. The Defendant Commissioner has no objection to the Motion.
This Court awards Plaintiff $5,811.80 for attorney fees and expenses (the
“Award”). The Award fully and completely satisfies any and all claims for
fees, costs, and expenses that may have been payable to Plaintiff in this
case under the EAJA.
The Award belongs to Plaintiff, but Plaintiff may assign, and has
assigned, her right to the Award to her attorney Howard D. Olinsky.
Attorney’s Affirmation in Support of Motion for EAJA Fees (d/e 26), Exhibit
E, Affirmation and Waiver of Direct Payment of EAJA Fees. The United
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States may also take an offset against the Award to satisfy any pre-existing
debts that Plaintiff owes the United States. See Astrue v. Ratliff, 560 U.S.
586, 130 S.Ct. 2521 (2010). If the United States determines that all or any
portion of the Award is not subject to offset for such debts, Defendant shall
pay the portion of the Award not subject to offset to Plaintiff’s attorney
Howard D. Olinsky.
ENTER: May 2, 2019

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

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