Rodgers v. Commissioner of Social Security

Filing 31

ORDER granting 28 Stipulation and awarding attorney's fees. Signed by Magistrate Judge Donald G. Wilkerson on 10/7/2019. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
)
)
)
)
)
)
)

BENJAMIN A. RODGERS,
Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 18-cv-1142-DGW

ORDER for ATTORNEY’S FEES
WILKERSON, Magistrate Judge:
Before the Court is the parties’ Stipulation to Award of Attorney Fees and
Costs. (Doc. 28).
The parties agree that plaintiff is entitled to an award of attorney’s fees and
expenses in the amount of $6,828.97.
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. Plaintiff reserves his right collect costs, including filing fees,
and must file a separate Bill of Costs to recoup those items.

1

The parties’ Stipulation to Award of Attorney Fees and Costs (Doc. 28) is
GRANTED. The Court awards plaintiff attorney’s fees in the amount of $6,828.97
(six thousand, eight hundred twenty-eight dollars and ninety-seven cents). 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:

October 7, 2019.

DONALD G. WILKERSON
U.S. MAGISTRATE JUDGE

2