Shelton v. Commissioner of Social Security
ORDER granting 28 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 10/17/2016. (klm)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CAROLYN W. COLVIN,
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is the Defendant’s Agreed Motion for Fees Under the
Equal Access to Justice Act. (Doc. 28).
The parties have agreed that plaintiff is entitled to an award in the amount
of $7,320.00, 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 Marc Shelton the sum of $7,320.00 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 attorney pursuant to the EAJA assignment previously executed by
plaintiff and his attorney.
IT IS SO ORDERED.
October 17, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE
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