Schlatter v. Commissioner of Social Security

Filing 30

ORDER granting 28 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 9/30/2016. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CYNTHIA M. SCHLATTER,
n/k/a CYNTHIA HARMON,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

15-cv-485-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is the Defendant’s Agreed Motion to an Award of Attorney
Fees. (Doc. 28).
Defendant represents that the parties have agreed that plaintiff is entitled to
an award in the amount of $9,000.00 for attorney’s fees and expenses. 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. 28) is GRANTED.
The Court awards plaintiff the sum of $9,000.00 (nine thousand dollars) for

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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 her attorney.
IT IS SO ORDERED.
DATE:

September 30, 2016.

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

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