Grammer v. Commissioner of Social Security
Filing
34
ORDER granting 32 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 5/11/2016. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KEVIN V. GRAMMER,
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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.
Civil No.
15-cv-119-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees and
Expenses. (Doc. 32).
The parties have agreed that plaintiff is entitled to an award in the amount of
$6,200.00 for attorney’s fees and no additional sum for costs. 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. 32) is GRANTED.
The Court awards
plaintiff Kevin V. Grammer the sum of $6,200.00 (six thousand and two hundred
dollars) for attorney’s fees pursuant to the Equal Access to Justice Act. These
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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 his attorney.
IT IS SO ORDERED.
DATE:
May 11, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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