Cawvey v. Commissioner of Social Security

Filing 23

ORDER granting 21 Motion for Attorney Fees under the Equal Access to Justice Act. Signed by Magistrate Judge Gilbert C. Sison on 3/6/2020. (klh)

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAWN M. CAWVEY,
Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,

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Civil No. 17-cv-473-JPG-GCS

Defendant.
ORDER for ATTORNEY’S FEES
SISON, Magistrate Judge:
Before the Court is the parties’ Joint Motion to Award Attorney Fees and Costs.
(Doc. 21).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $8,000.00.
The Court finds that plaintiff is the prevailing party and is entitled to an award of
attorney’s fees and expenses 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 that may have been payable to plaintiff in this
matter pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. If plaintiff
seeks costs, she shall do so separately.
The parties’ Joint Motion (Doc. 21) is GRANTED. The Court awards plaintiff the

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sum of $8,000.00 (eight thousand dollars and zero 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). See also Harrington v. Berryhill, 906 F.3d 561 (7th
Cir. 2018). 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: March 6, 2020.

Digitally signed by
Magistrate Judge
Gilbert C. Sison
Date: 2020.03.06
14:50:29 -06'00'

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GILBERT C. SISON
United States Magistrate Judge