Althoff v. Commissioner of Social Security

Filing 31

ORDER granting 26 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 10/5/2018. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CRAIG S. ALTHOFF,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 17-cv-694-JPG-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Joint Motion to Award Attorney Fees and
Expenses. (Doc. 26).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $4,635.27.
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 Joint Motion to Award Attorney Fees and Expenses (Doc. 26) is

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GRANTED. The Court awards plaintiff Craig S. Althoff the sum of $4,635.27 (four
thousand six hundred and thirty-five dollars and twenty-seven 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:

October 5, 2018.

s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE

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