Greer v. Commissioner of Social Security

Filing 33

ORDER granting 31 Motion for Attorney Fees. Signed by Magistrate Judge Mark A. Beatty on 10/15/2020. (abm)

Case 3:19-cv-01374-MAB Document 33 Filed 10/15/20 Page 1 of 2 Page ID #1026

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KRYSTEN E. GREER,

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Plaintiff,
vs.
COMMISSIONER of SOCIAL
SECURITY,
Defendant.

Civil No. 19-cv-1374-MAB

ORDER FOR ATTORNEY’S FEES
BEATTY, Magistrate Judge:
This matter is before the Court on Plaintiff’s Petition to Award Attorney Fees
Pursuant to the Equal Access to Justice Act (EAJA). (Doc. 31). Defendant has responded
that he has no objection. (Doc. 32).
Plaintiff asks for an award of attorney’s fees in the amount of $5,390.00, with no
additional amount for expenses or 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. This
award shall fully and completely satisfy any and all claims for fees, expenses, and costs,
that may have been payable to Plaintiff in this matter pursuant to the Equal Access to
Justice Act, 28 U.S.C. §2412.

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Case 3:19-cv-01374-MAB Document 33 Filed 10/15/20 Page 2 of 2 Page ID #1027

Plaintiff’s Petition to Award Attorney Fees Pursuant to the Equal Access to Justice
Act (EAJA) (Doc. 31) is GRANTED. The Court awards Plaintiff attorney’s fees in the
amount of $5,390.00 (five thousand three hundred ninety dollars).
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 (2010). 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 pre-existing 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 fee petition.
IT IS SO ORDERED.
DATED: October 15, 2020
/s/ Mark A. Beatty
MARK A. BEATTY
United States Magistrate Judge

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