Ezell v. Commissioner of Social Security
Filing
25
ORDER granting 24 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 1/2/2019. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONALD C. EZELL,
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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.
Civil No. 17-cv-885-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 24).
The parties agree that plaintiff is entitled to an award of $5000.00 (five
thousand dollars) for attorney fees and expenses and $0.00 for costs.
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, costs, and expenses 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. 24) is GRANTED.
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The Court awards plaintiff the sum of $5,000.00 (five thousand dollars) for
attorney 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:
January 2, 2019.
s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE
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