Sanders v. Commissioner of Social Security

Filing 32

ORDER granting 29 Motion for Attorney Fees. Signed by Magistrate Judge Reona J. Daly on 4/22/2020. (abm)

Case 3:18-cv-01092-JPG-RJD Document 32 Filed 04/22/20 Page 1 of 2 Page ID #948

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHARLES RODNEY SANDERS,
Plaintiff,
v.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

)
)
)
)
)
)
)
)
)
)

Civil No. 18-cv-1092-RJD

ORDER FOR ATTORNEY’S FEES
DALY, 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 $5,800.00.
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.
The parties’ Joint Motion (Doc. 29) is GRANTED. The Court awards Plaintiff the sum
of $5,800.00 (five thousand eight 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). See also, Harrington v. Berryhill, 906 F.3d 561 (7th Cir. 2018). However, in
Page 1 of 2

Case 3:18-cv-01092-JPG-RJD Document 32 Filed 04/22/20 Page 2 of 2 Page ID #949

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.
DATED: April 22, 2020.

s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

Page 2 of 2