McCracken v. Commissioner of Social Security

Filing 31

ORDER granting 29 Motion for Attorney Fees. Signed by Magistrate Judge Donald G. Wilkerson on 5/20/2019. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANK LEE McCRACKEN,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 18-cv-0618-DGW

ORDER for ATTORNEY’S FEES
WILKERSON, Magistrate Judge:
Before the Court is Defendant’s Agreed Motion to Award Attorney Fees.
(Doc. 29).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $9,100 for attorney’s fees and expenses, 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 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.

1

Defendant’s Agreed Motion to Award Attorney Fees (Doc. 29) is GRANTED.
The Court awards plaintiff the sum of $9,100.00 (nine thousand one hundred
dollars) for attorney fees and expenses. 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:

May 20, 2019.

DONALD G. WILKERSON
U.S. MAGISTRATE JUDGE

2