Allen v. Commissioner of Social Security

Filing 35

ORDER granting 33 Motion for Attorney Fees. Signed by Magistrate Judge Donald G. Wilkerson on 7/1/2019. (anb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DONALD G. ALLEN,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 17-cv-1046-DGW

ORDER for ATTORNEY’S FEES
WILKERSON, Magistrate Judge:
This matter is before the Court on plaintiff’s Application for Attorney’s Fees
Under the Equal Access to Justice Act. (Doc. 33). Defendant has not filed a
response, and the time for doing so has expired.
Plaintiff seeks attorney’s fees in the amount of $4,276.00, representing 22.3
hours at an hourly rate of $191.75.
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 number of hours claimed and
the hourly rate are reasonable and appropriate.

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.

The Court notes that plaintiff was granted leave to proceed in

forma pauperis and did not pay a filing fee.

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Plaintiff’s Application for Attorney’s Fees (Doc. 33) is GRANTED.

The

Court awards plaintiff attorney’s fees in the amount of $4,276.00 (four thousand
two hundred seventy-six dollars), with no additional amount for expenses.
The amount awarded is payable to plaintiff and is subject to set-off for any
debt owed by plaintiff to the United States, per Astrue v. Ratliff, 560 U.S. 586
(2010).

See also, Harrington v. Berryhill, 906 F.3d 561 (7th Cir. 2018).

However, any part of the award that is not subject to set-off to pay plaintiff’s preexisting debt to the United States shall be made payable to plaintiff’s attorney
pursuant to the EAJA assignment executed by plaintiff and attached to the motion
as Exhibit 6.
IT IS SO ORDERED.
DATE: July 1, 2019

DONALD G. WILKERSON
U.S. MAGISTRATE JUDGE

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