Snow v. Commissioner of Social Security

Filing 32

ORDER GRANTING the litigants' 31 Joint Motion for Attorney Fees. Signed by Judge J. Phil Gilbert on 3/22/2021. (cab).

Case 3:20-cv-00373-JPG Document 32 Filed 03/22/21 Page 1 of 1 Page ID #1408

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CONNIE L. SNOW,
Plaintiff,
v.

Case No. 20–CV–00373–JPG

ANDREW SAUL,
Defendant.
ORDER
This is a closed Social Security disability appeal. Before the Court is the litigants’ Joint
Motion to Award Attorney Fees & Expenses. (ECF No. 31).
The prevailing party in a Social Security disability appeal may be awarded attorney fees
and expenses under the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412.
Here, the Court remanded this action in January 2021 for a new hearing. The litigants agree
that Plaintiff Connie L. Snow is a “prevailing party” and that attorney fees in the amount of
$6,487.95 are appropriate. The Court agrees too and ORDERS the following:
•

Snow is awarded $6,487.95 for attorney fees and expenses in
full satisfaction of all claims for attorney fees and expenses that
may be payable under the EAJA, 28 U.S.C. § 2412; and

•

Any fees paid belong to Snow and not her attorney and can be
offset to satisfy any preexisting debt that she may owe the
United States. See Astrue v. Ratliff, 560 U.S. 586 (2010). If the
defendant can verify that Snow does not owe a preexisting debt
to the Government subject to the offset, the defendant will
direct that the award be made payable to Snow’s attorney under
the EAJA assignment duly signed by Snow and counsel.

IT IS SO ORDERED.
Dated: Monday, March 22, 2021

S/J. Phil Gilbert
J. PHIL GILBERT
UNITED STATES DISTRICT JUDGE