Smoot v. Commissioner of Social Security

Filing 29

ORDER, granting 27 MOTION for Attorney Fees filed by Philana M Smoot. Signed by Judge J. Phil Gilbert on 11/6/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PHILANA M. SMOOT,

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Plaintiff,
vs.
NANCY A. BERRYHILL,
Defendant.

Civil No. 16-cv-1029-JPG-CJP

ORDER for ATTORNEY’S FEES
This matter is before the Court on plaintiff’s Motion for Attorney’s Fees. (Doc. 27.)
Plaintiff seeks fees under the Equal Access to Justice Act. Defendant has responded that she has
no objection. (Doc. 28.)
Pursuant to 28 U.S.C. §2412(d)(1)(A), the Court shall award attorney’s fees and expenses
to a prevailing party in a civil action against the United States, including proceedings for judicial
review of agency action, unless the government’s position was substantially justified. The
hourly rate for attorney’s fees is not to exceed $125.00 per hour “unless the court determines that
an increase in the cost of living or a special factor, such as the limited availability of qualified
attorneys for the proceedings involved, justifies a higher fee.” §2412(d)(2)(A).
This case was remanded to the Commissioner for further proceedings pursuant to
sentence four of 42 U.S.C. §405(g). Plaintiff is, therefore, the prevailing party. See Shalala v.
Schaefer, 509 U.S. 292, 302 (1993).
Plaintiff seeks attorney’s fees in the amount of $7,080.94, with no additional amount for
expenses or costs.

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In the absence of an objection from the Commissioner, the Court finds that plaintiff is
entitled to an award of attorney’s fees pursuant to the EAJA, and that the hourly rate and number
of hours claimed are reasonable.
Plaintiff’s Motion for Attorney’s Fees (Doc. 27) is hereby GRANTED. The Court
awards plaintiff Philana M. Smoot attorney’s fees in the amount of $7,080.94 (seven thousand
and eighty dollars and ninety-four cents), with no additional amount for costs or expenses.
The amount awarded is payable to plaintiff and is subject to set-off for any debt owed by
plaintiff to the United States, per Astrue v. Ratliff, 560 U.S. 586 (2010). However, 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 executed by
plaintiff., Doc. 27, Ex. 2.
IT IS SO ORDERED.
DATED: November 6, 2017

s/ J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE

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