Shepherd v. Commissioner of Social Security

Filing 29

ORDER granting 28 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 12/6/2016. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEFFREY LENROW SHEPHERD,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Defendant.

Civil No.

16-cv-027-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees. (Doc.
28).
Defendant represents that the parties have agreed that plaintiff is entitled to
an award of attorney’s fees and expenses in the amount of $5,750.00, and with no
additional amount for costs.
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.
Defendant’s Agreed Motion to Award Attorney Fees (Doc. 28) is GRANTED.
The Court awards plaintiff Jeffrey Lenrow Shepherd the sum of $5,750.00 (five
thousand seven hundred and fifty dollars) for attorney’s fees and expenses, and
$0.00 for costs, pursuant to the Equal Access to Justice Act. These funds shall be
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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:

December 6, 2016.

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

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