Sherk v. Commissioner of Social Security

Filing 33

ORDER granting 29 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 9/19/2014. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEFFREY L. SHERK,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

13-cv-381-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Plaintiff’s Motion for Attorney’s Fees Under the Equal
Access to Justice Act. (Doc. 29). Defendant filed a Stipulation at Doc. 32 setting
forth an agreement reached by the parties subsequent to the filing of plaintiff’s
motion.
The parties have agreed that plaintiff is entitled to an award of fees in the
amount of $9,900.00, and $0.0 for costs and expenses.
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.
Plaintiff’s Motion (Doc. 29) is GRANTED.

Pursuant to the parties’

stipulation, the Court awards plaintiff Jeffrey L. Sherk the sum of $9,900.00 for
attorney’s fees pursuant to the Equal Access to Justice Act. These funds shall be
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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
to plaintiff’s attorney pursuant to the EAJA assignment previously executed by
plaintiff and his attorney.
IT IS SO ORDERED.
DATE:

September 19, 2014.

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

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