Diers v. Commissioner of Social Security
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
COMMISSIONER of SOCIAL
Civil No. 18-cv-0890-DGW
ORDER for ATTORNEY’S FEES
WILKERSON, Magistrate Judge:
This matter is before the Court on plaintiff’s Application for Attorney’s Fees
Under the Equal Access to Justice Act. (Doc. 29). Defendant has responded that
she has no objection. (Doc. 34).
The parties agree that plaintiff is entitled to an award of attorney’s fees in
the amount of $4,456.25.
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.
The Court further finds that the agreed upon amount is
reasonable and appropriate. This award shall fully and completely satisfy any
and all claims for fees 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. Costs have
been taxed separately at Doc. 36.
Plaintiff’s Application for Attorney’s Fees (Doc. 29) is GRANTED.
Court awards plaintiff attorney’s fees in the amount of $4,456.25 (four thousand
four hundred fifty-six dollars and twenty-five cents), with no additional amount
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
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
IT IS SO ORDERED.
May 20, 2019.
DONALD G. WILKERSON
U.S. MAGISTRATE JUDGE
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