Billhartz v. Commissioner of Social Security
Filing
32
ORDER re 31 Stipulation filed by Commissioner of Social Security. Plaintiff is awarded attorney's fees as set forth in the attached order. Signed by Magistrate Judge Clifford J. Proud on 4/5/2019. (jmt)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DOUGLAS W. BILLHARTZ,
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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.
Civil No. 17-cv-1357-CJP
ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to an Award of Attorney Fees.
(Doc. 31).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $3642.50, with no 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. 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 an Award of Attorney Fees (Doc. 31) is
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GRANTED. The Court awards plaintiff the sum of $3,642.50 (three thousand six
hundred forty-two dollars and fifty 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:
April 5, 2019.
s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE
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