Smith v. Commissioner of Social Security

Filing 32

ORDER granting 29 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 10/12/2016. (klm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MAC ROGER SMITH, ) ) ) ) ) ) ) ) ) Plaintiff, vs. CAROLYN W. COLVIN, Defendant. Civil No. 15-cv-1236-CJP ORDER for ATTORNEY’S FEES PROUD, Magistrate Judge: Before the Court is plaintiff’s unopposed Motion for Attorney’s Fees Under the Equal Access to Justice Act. (Doc. 29). The parties have agreed that plaintiff is entitled to an award in the amount of $4,984.56, and with no additional amount for costs and expenses. The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney’s fees 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. Plaintiff’s unopposed Motion for Attorney’s Fees (Doc. 29) is GRANTED. The Court awards plaintiff Mac Roger Smith the sum of $4,984.56 for attorney’s fees pursuant to the Equal Access to Justice Act. These funds shall be 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 1 plaintiff’s attorney pursuant to the EAJA assignment previously executed by plaintiff and his attorney. IT IS SO ORDERED. DATE: October 12, 2016. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE 2

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