Ewing v. Commissioner of Social Security

Filing 48

ORDER awarding attorney's fees, costs and expenses pursuant to 46 Stipulation filed by Commissioner of Social Security. Signed by Magistrate Judge Clifford J. Proud on 10/15/2014. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNY D. EWING,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

13-cv-074-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is the parties’ Joint Stipulation for an Award of Attorney’s
Fees Pursuant to the Equal Access to Justice Act. (Doc. 46).
The parties have agreed that plaintiff is entitled to an award of fees, costs and
expenses in the amount of $8,900.00 (eight thousand and nine hundred dollars),
pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B).
The Court finds that plaintiff is the prevailing party and is entitled to an
award of attorney’s fees and costs 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’ Joint Stipulation (Doc. 46) is GRANTED. The Court awards
plaintiff Kenny D. Ewing the sum of $8,900.00 for attorney’s fees, costs and
expenses 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
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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
to plaintiff’s attorney pursuant to the EAJA assignment previously executed by
plaintiff and his attorney.
IT IS SO ORDERED.
DATE:

October 15, 2014.

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

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