Rees v. Astrue

Filing 43

ORDER re 42 Stipulation filed by Carolyn W Colvin (Order for Attorney's Fees). Signed by Magistrate Judge Clifford J. Proud on 3/12/2015. (jmt)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS RONALD J. REES, ) ) ) ) ) ) ) ) ) Plaintiff, vs. CAROLYN W. COLVIN, Defendant. Civil No. 12-cv-274-CJP ORDER for ATTORNEY’S FEES PROUD, Magistrate Judge: Before the Court is the parties’ Stipulation for Attorney Fees Pursuant to the Equal Justice Act (EAJA), 28 U.S.C. §2412. (Doc. 42). The parties have agreed that plaintiff is entitled to an award in the amount of $8,100.00 for attorney’s fees and $0 for costs. The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B). The Court further finds that the agreed upon amount is reasonable and appropriate. The parties’ Stipulation (Doc. 42) is GRANTED. The Court awards plaintiff Ronald J. Rees the sum of $8,100.00 for attorney’s fees and $0 for costs pursuant to the Equal Access to Justice Act. These funds shall be payable to plaintiff, per Astrue v. Ratliff, 130 S.Ct. 2521 (2010). However, in accordance with the parties’ agreement, any part of the award that is not subject to set-off to pay plaintiff’s 1 pre-existing debt to the United States shall be made payable to plaintiff’s attorney pursuant to the EAJA assignment previously executed by plaintiff and his attorney. IT IS SO ORDERED. DATE: March 12, 2015. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE 2

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