Dunn v. Commissioner of Social Security

Filing 24

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 1/2/2019. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DIANA M. DUNN,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 18-cv-404-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 23).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $7,282.74.
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 Award Attorney Fees (Doc. 23) is GRANTED.

1

The Court awards plaintiff the sum of $7,282.74 (seven-thousand two-hundred and
eighty-two dollars and seventy-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:

January 2, 2019.

s/ Clifford J. Proud
CLIFFORD J. PROUD
U.S. MAGISTRATE JUDGE

2