Mikel v. Commissioner of Social Security
Filing
24
ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 2/9/2016. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEANETTE L. MIKEL,
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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.
Civil No.
14-cv-991-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 23).
The parties have agreed that plaintiff is entitled to an award in the amount of
$5,263.00 for attorney’s fees and expenses. The parties agree that this award shall
fully satisfy any claims for fees, costs and expenses that may be payable in this case
under the Equal Access to Justice Act, 28 U.S.C. §2412.
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. 23) is GRANTED.
The Court awards
plaintiff Jeanette L. Mikel the sum of $5,263.00 (five thousand, two hundred and
sixty-three dollars) for attorney’s fees and expenses pursuant to the Equal Access to
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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 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:
February 9, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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