Peden v. Commissioner of Social Security
Filing
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ORDER granting 26 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 1/4/2019. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
PHILLIP W. PEDEN,
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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.
Civil No. 17-cv-889-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is the parties’ 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 $7,500.00 for attorney’s fees and expenses.
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, 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.
The parties’ Joint Motion to Award Attorney Fees and Expenses (Doc. 26) is
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GRANTED. The Court awards plaintiff the sum of $7,500.00 (seven thousand and
five hundred dollars) for attorney fees and expenses. 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:
January 4, 2019.
s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE
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