Young v. Commissioner of Social Security
Filing
22
ORDER granting 21 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 4/5/2019. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
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HEATHER M. YOUNG,
Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.
Civil No. 17-cv-1037-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 21).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $5,557.44.
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, 28
U.S.C. § 2412.
Defendant’s Agreed Motion to Award Attorney Fees (Doc. 21) is GRANTED.
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The Court awards plaintiff the sum of $5,557.44 (five thousand five hundred
fifty-seven dollars and forty-four cents) 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:
April 5, 2019.
s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE
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