Travelstead v. Commissioner of Social Security

Filing 29

ORDER granting 27 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 7/29/2013. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTHONY E. TRAVELSTEAD,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

Civil No. 12-cv-896-CJP

ORDER
PROUD, Magistrate Judge:
Before the Court is the Parties’ Joint Motion for an Award of 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 attorney’s fees in the amount of $7,318.50 and costs in the
amount of $17.85.
The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney’s
fees and costs pursuant to the Act. The Court further finds that the agreed upon amounts are
reasonable and appropriate.
The parties’ Joint Motion (Doc. 27) is GRANTED. The Court awards plaintiff Anthony
E. Travelstead the sum of $7,318.50 for attorney’s fees and $17.85 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 pre-existing debt to the United States shall be made payable

1

to plaintiff’s attorney pursuant to the EAJA assignment previously executed by plaintiff and his
attorney.
IT IS SO ORDERED.
DATE: July 29, 2013.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

2