Gouchenouer v. Commissioner of Social Security

Filing 38

ORDER granting 36 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 10/23/2015. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KARLA J. GOUCHENOUER,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

14-cv-907-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees and
Expenses. (Doc. 36).
The parties have agreed that plaintiff is entitled to an award in the amount of
$9,800.00 for attorney’s fees and expenses and $0.00 for costs.
The Court finds that plaintiff is the prevailing party and is entitled to an
award of attorney’s fees, expenses 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.
Defendant’s Agreed Motion (Doc. 36) is GRANTED.

The Court awards

plaintiff Karla J. Gouchenouer the sum of $9,800.00 (nine thousand, eight
hundred dollars) for attorney’s fees and expenses, and $0.00 for costs pursuant to
the Equal Access to Justice Act. These funds are payable to plaintiff, per Astrue v.
Ratliff, 130 S.Ct. 2521 (2010).

However, in accordance with the parties’
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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 her attorney.
IT IS SO ORDERED.
DATE:

October 23, 2015.

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

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