North v. Commissioner of Social Security
Filing
28
ORDER granting 26 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 8/25/2016. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN NORTH,
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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.
Civil No.
15-cv-269-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is the Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 26).
Defendant represents that the parties have agreed that plaintiff is entitled to
an award in the amount of $6,750.00 for attorney’s fees and expenses, and no
additional sum for costs. Further, this award shall fully satisfy any claims for fees
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 to Award Attorney Fees (Doc. 26) is GRANTED.
The Court awards plaintiff the sum of $6,750.00 (six thousand, seven hundred and
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fifty dollars) for attorney’s fees and expenses 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 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:
August 25, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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