Franke v. Commissioner of Social Security

Filing 25

ORDER granting 23 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
TODD M. FRANKE,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 18-cv-019-DGW

ORDER for ATTORNEY’S FEES
WILKERSON, Magistrate Judge:
This matter is before the Court on plaintiff’s Motion for Attorney’s Fees.
(Doc. 23). Defendant has not filed a response, and the time for doing so has
expired.
Plaintiff seeks attorney’s fees in the amount of $5,159.54, representing 26.8
hours at an hourly rate of $192.52.
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, 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.

1

Plaintiff’s Motion for Attorney’s Fees (Doc. 23) is GRANTED. The Court
awards plaintiff attorney’s fees in the amount of $5,159.54 (five thousand one
hundred fifty-nine dollars and fifty-four cents).
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 2.
IT IS SO ORDERED.
DATE: July 1, 2019

DONALD G. WILKERSON
U.S. MAGISTRATE JUDGE

2