Stephens v. Commissioner of Social Security
Filing
24
ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 8/10/2018. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LINDA S. STEPHENS,
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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.
Civil No. 17-cv-391-JPG-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 29).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $5,264.66.
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. Per the parties’ agreement, this award shall fully and
completely satisfy any and all claims for fees and expenses (but not costs) that may
have been payable to plaintiff in this matter pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412.
Defendant’s Agreed Motion to Award Attorney Fees (Doc. 23) is GRANTED.
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The Court awards plaintiff Linda S. Stephens the sum of $5,264.66 (five thousand
two hundred sixty-four dollars and sixty-six cents) for attorney’s fees and expenses
pursuant to the Equal Access to Justice Act. These funds shall be payable to
plaintiff, per Astrue v. Ratliff, 560 U.S. 586 (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
counsel.
IT IS SO ORDERED.
DATE:
August 10, 2018
s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE
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