Holmes v. Commissioner of Social Security

Filing 24

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 11/13/2018. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDITH T. HOLMES,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 18-cv-547-CJP

ORDER for ATTORNEY’S FEES
PROUD, Magistrate Judge:
Before the Court is Defendant’s Joint Motion to Award Attorney Fees and
Expenses. (Doc. 23).
The parties agree that plaintiff is entitled to an award of $7,200 (seven
thousand and two hundred dollars) for attorney fees and expenses.
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 agreed upon amount is

reasonable and appropriate. Per the parties’ agreement, this award shall fully and
completely satisfy any and all claims for fees and expenses (but not costs) 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 Joint Motion to Award Attorney Fees and Expenses (Doc. 23) is

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GRANTED. The Court awards plaintiff Edith T. Holmes the sum of $7,200 (seven
thousand and two hundred dollars) 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).

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:

November 13, 2018.

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

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