Rommel v. Commissioner of Social Security

Filing 23

ORDER awarding attorney's fee, per 22 Stipulation filed by Commissioner of Social Security. Signed by Magistrate Judge Clifford J. Proud on 3/11/2014. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHARLES ROMMEL,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

13-cv-383-CJP

ORDER
PROUD, Magistrate Judge:
Before the Court is the parties’ Stipulation for Attorney Fees Under the Equal
Access to Justice Act (EAJA), 28 U.S.C. §2412. (Doc. 22).
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 and expenses
in the amount of $875.00.
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 amount is reasonable and appropriate.
The parties’ Stipulation (Doc. 22) is GRANTED. The Court awards plaintiff
Charles Rommel the sum of $875.00 for attorney’s fees 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 accordance with the

parties’ agreement, any part of the award that is not subject to set-off to pay
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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:

March 11, 2014.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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