McLaskey v. Colvin
Filing
32
ORDER granting 28 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 4/13/2016. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER M. McLASKEY,
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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.
Civil No. 15-cv-085-CJP
ORDER
PROUD, Magistrate Judge:
This matter is before the Court on plaintiff’s Petition for Award of Attorney
Fees Pursuant to the Equal Access to Justice Act.
(Doc. 28).
Defendant has
responded that she has no objection. (Doc. 31).
Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(A), the
Court shall award attorney’s fees and expenses to a prevailing party in a civil
action against the United States, including proceedings for judicial review of
agency action, unless the government’s position was substantially justified. The
hourly rate for attorney’s fees is not to exceed $125.00 per hour “unless the court
determines that an increase in the cost of living or a special factor, such as the
limited availability of qualified attorneys for the proceedings involved, justifies a
higher fee.” §2412(d)(2)(A).
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This case was remanded to the Commissioner for further proceedings
pursuant to sentence four of 42 U.S.C. §405(g).
Plaintiff is, therefore, the
prevailing party. See, Shalala v. Schaefer, 509 U.S. 292, 302 (1993).
Counsel seeks attorney’s fees in the amount of $2,562.50, representing 20
hours of work at $125.00 per hour. She does not seek reimbursement for any
additional costs.
In the absence of an objection from the Commissioner, the Court finds that
plaintiff is entitled to an award of attorney’s fees pursuant to the EAJA, and that
the hourly rate and number of hours claimed are reasonable.
Plaintiff’s Motion for Attorney’s Fees (Doc. 28) is hereby GRANTED. The
Court awards plaintiff Christopher M. McLaskey attorney’s fees in the amount of
$2,562.50 (two thousand, five hundred and sixty-two dollars and fifty cents).
The amount awarded is payable to plaintiff and is subject to set-off for any
debt owed by plaintiff to the United States, per Astrue v. Ratliff, 130 S.Ct. 2521
(2010).
However, 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.
DATED: April 13, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE
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