Johnson v. Commissioner of Social Security

Filing 29

ORDER granting 28 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 8/23/2016. (klm)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JEFF L. JOHNSON, ) ) ) ) ) ) ) ) ) Plaintiff, vs. CAROLYN W. COLVIN, Defendant. Civil No. 15-cv-1348-CJP ORDER for ATTORNEY’S FEES PROUD, Magistrate Judge: Before the Court is the parties’ Agreed Motion to Award Attorney Fees and Expenses. (Doc. 28). The parties have agreed that plaintiff is entitled to an award in the amount of $7,200.00, 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. The parties’ Joint Motion (Doc. 28) is GRANTED. The Court awards plaintiff Jeff L. Johnson the sum of $7,200.00 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 plaintiff’s 1 attorney pursuant to the EAJA assignment previously executed by plaintiff and her attorney. IT IS SO ORDERED. DATE: August 23, 2016. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE 2

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