Clendenin v. Commissioner of Social Security

Filing 32

ORDER granting 31 Stipulation filed by Commissioner of Social Security re attorney's fees. Signed by Magistrate Judge Clifford J. Proud on 9/18/2015. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JACOB W. CLENDENIN,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

14-cv-913-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is the parties’ Stipulation for Attorney Fees Pursuant to the
Equal Access to Justice Act (EAJA). (Doc. 31).
The parties have agreed that plaintiff is entitled to an award in the amount of
$8,000.00 for attorney’s fees and $0 for costs.
The Court finds that plaintiff is the prevailing party and is entitled to an
award of attorney’s fees 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’ Stipulation (Doc. 31) is GRANTED. The Court awards plaintiff
Jacob W. Clendenin the sum of $8,000.00 (eight thousand dollars) for attorney’s
fees and $0 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’ agreement, any part of the award that is not subject to
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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 18, 2015.

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

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