Hutchison v. Commissioner of Social Security

Filing 23

ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 8/10/2016. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHARLES BRIAN HUTCHISON,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

15-cv-1281-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is the Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 22).
Defendant represents that the parties have agreed that plaintiff is entitled to
an award in the amount of $6,142.00 for attorney’s fees and no additional sum for
costs.

Further, 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 to Award Attorney Fees (Doc. 22) is GRANTED.
The Court awards plaintiff the sum of $6,142.00 (six thousand, one hundred and
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forty-two dollars) for attorney’s fees 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 10, 2016.

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

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