Holloway v. Commissioner of Social Security

Filing 29

ORDER granting 27 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 1/22/2013. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

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CAROLYN HOLLOWAY,
Plaintiff(s),
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant(s).

Civil No. 12-cv-178-CJP

ORDER
PROUD, Magistrate Judge:
Before the Court is the parties’ Joint Stipulation for an Award of Attorney’s Fees Under the
Equal Access to Justice Act. (Doc. 27).
Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B), the parties stipulate
that plaintiff is entitled to an award of fees and expenses in the amount of $7,500.00.
The Court finds that plaintiff is the prevailing party and is entitled to an award of attorneys’
fees and expenses pursuant to the Act. The Court further finds that the amount of $7,500.00 is a
reasonable and appropriate amount.
The parties’ Joint Stipulation (Doc. 27) is GRANTED. The Court awards plaintiff
Carolyn Holloway sum of $7,500.00 for attorney’s fees and expenses pursuant to the Equal Access
to Justice Act. That amount shall be payable to plaintiff, per Astrue v. Ratliff, 130 S.Ct. 2521
(2010). However, in accordance with the parties’ stipulation, if counsel is able to verify that
plaintiff owes no pre-existing debt to the United States that is subject to off-set, the award shall be

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made payable to plaintiff’s attorney pursuant to the EAJA assignment previously executed by
plaintiff and her attorney.
IT IS SO ORDERED.
DATE: January 22, 2013.

s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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