Loftis v. Astrue

Filing 39

ORDER re 38 Stipulation filed by Michael J. Astrue; Rendering Moot 33 First MOTION for Attorney Fees filed by Tamara Loftis.The Court awards plaintiff Tamara Loftis, on behalf of I.T.,the sum of $4,125.00 for attorneys fees and expenses pursuant to the Equal Access to Justice Act.Signed by Chief Judge David R. Herndon on 6/18/2013. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TAMARA LOFTIS,
On behalf of I.T.,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Case No. 12-cv-930-DRH-CJP
ORDER

HERNDON, Chief Judge:
Before the Court is the parties’ Stipulation to Award of [sic] Attorney Fees
and Costs. (Doc. 38).
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
$4,125.00.1
The Court finds that plaintiff is the prevailing party and is entitled to an
award of attorney’s fees and expenses pursuant to the Act. The Court further finds
that the amount of $4,125.00 is a reasonable and appropriate amount.
The parties’ Stipulation (Doc. 38) is GRANTED. The Court awards plaintiff
Tamara Loftis, on behalf of I.T., the sum of $4,125.00 for attorney’s fees and
1

In two places, the stipulation says that the parties have agreed that plaintiff should be awarded fees
and costs totaling “FOUR THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS (4,215.00).” It
appears to the Court that the “2” and the “1” were transposed in the parenthetical.
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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, 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
to plaintiff’s attorney pursuant to the EAJA assignment previously executed by
plaintiff and her attorney.

David R.
Herndon
2013.06.18
17:34:17
-05'00'

IT IS SO ORDERED.
Signed this 18th day of June, 2013.

Chief Judge
United States District Court

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