Weatherall-Francis v. Commissioner of Social Security
Filing
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ORDER granting 28 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
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CHRISTINE WEATHERALL-FRANCIS,
Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.
Civil No. 17-cv-1306-DGW
ORDER for ATTORNEY’S FEES
WILKERSON, Magistrate Judge:
Before the Court is the Parties’ Agreed Motion to Award Attorney Fees.
(Doc. 28).
The parties agree that plaintiff is entitled to an award of attorney’s fees in the
amount of $4,017.85. Plaintiff does not seek an additional amount 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. 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’ Agreed Motion to Award Attorney Fees (Doc. 28) is GRANTED.
The Court awards plaintiff the sum of $4,017.85 (four thousand seventeen dollars
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and eighty-five cents) for attorney fees and expenses and $0.00 for costs. 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:
July 1, 2019
DONALD G. WILKERSON
U.S. MAGISTRATE JUDGE
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