Golliday v. Commissioner of Social Security
ORDER GRANTING 20 Joint Motion for Attorney Fees. Signed by Magistrate Judge Mark A. Beatty on 2/17/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
Case 3:20-cv-00682-MAB Document 21 Filed 02/17/21 Page 1 of 2 Page ID #2559
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANTWYNETTE C. GOLLIDAY
COMMISSIONER OF SOCIAL
Case No. 3:20-CV-00682-MAB
MEMORANDUM AND ORDER
BEATTY, Magistrate Judge:
This matter is before the Court on the parties’ Joint Motion to Award Attorney
Fees and Costs (Doc. 20).
The parties agree that Plaintiff is entitled to attorney fees and expenses in the
amount of $4, 793.00.
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 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. Per the parties’ agreement, this motion does not include Plaintiff’s
costs and Plaintiff may file a separate bill of costs.
The parties’ Joint Motion (Doc. 20) is GRANTED. The Court awards Plaintiff
attorney’s fees and expenses in the amount of $4, 793.00 (four thousand seven hundred
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Case 3:20-cv-00682-MAB Document 21 Filed 02/17/21 Page 2 of 2 Page ID #2560
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
IT IS SO ORDERED.
DATED: February 17, 2021
s/ Mark A. Beatty
MARK A. BEATTY
United States Magistrate Judge
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