Bryant v. Commissioner of Social Security

Filing 32

ORDER granting 31 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 7/15/2014. (jmt)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS THOMAS BRYANT, ) ) ) ) ) ) ) ) ) Plaintiff, vs. CAROLYN W. COLVIN, Defendant. Civil No. 13-cv-309-CJP ORDER for ATTORNEY’S FEES PROUD, Magistrate Judge: Before the Court is the parties’ Joint Stipulation for an Award of Attorney Fees Under the Equal Access to Justice Act. (Doc. 31). The parties have agreed that plaintiff is entitled to an award of fees, costs and expenses in the amount of $6,000.00, 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. 31) is GRANTED. The Court awards plaintiff Thomas Bryant the sum of $6,000.00 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 1 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: July 15, 2014. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE 2

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