McKee v. Social Security, Commissioner of

Filing 25

JOINT STIPULATION AND ORDER granting 23 Motion for Attorney Fees. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KATHLEEN McKEE,
Plaintiff,
v.

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

)
)
) Case No. 11-11803
)
) Honorable Robert H. Cleland
) Magistrate Judge Mark R. Randon
)
)
)
)
)

JOINT STIPULATION FOR AN AWARD OF ATTORNEY’S FEES UNDER THE
EQUAL ACCESS TO JUSTICE AWARD
Plaintiff and Defendant, by their respective counsel, hereby stipulate to an award of
attorney fees and expenses in the sum of $5354.10 and costs in the amount of $0 in full
satisfaction and settlement of any and all claims Plaintiff may have in this matter pursuant to the
Equal Access to Justice Act in the above case. The award will fully satisfy any and all of
Plaintiff's claims for fees, costs, and expenses under 28 U.S.C. § 2412, that may be payable for
counsel's work before the Court in this case. Any fees paid belong to Plaintiff and not her
attorney and can be offset to satisfy pre-existing debt that the litigant owes the United States
under Astrue v. Ratliff, 177 L. Ed. 2d 91 (2010). Plaintiff and Defendant move that the Court
enter an order awarding Plaintiff EAJA fees and expenses in the amount of $5354.10 and costs in
the amount of $0.
After the court enters this award, if counsel for the Defendant can verify that Plaintiff
owes no pre-existing debt subject to offset, the Defendant will direct that the award be made
payable to Plaintiff's attorney pursuant to the EAJA assignment duly signed by Plaintiff and

counsel.
WHEREFORE, the parties request that the Court enter an order awarding Plaintiff
attorney fees and expenses in the sum of $5354.10 and costs in the amount of $0 in settlement of
any and all claims she may have in the matter pursuant to the Equal Access to Justice Act.
Respectfully submitted,
BARBARA L. McQUADE
UNITED STATES ATTORNEY

s/Eddy Pierre Pierre (w/consent)
EDDY PIERRE PIERRE
Attorney for Plaintiff
60 E 42nd St., Ste 520
New York, NY 10165
[e-mail]

DATED: March 8, 2012

Of Counsel:
Grace M. Kim
Acting Regional Chief Counsel
Jason Scoggins
Assistant Regional Counsel
Office of the Regional Chief Counsel
Social Security Administration
200 West Adams Street, 30th Floor
Chicago, Illinois 60606
[phone] ext. 19160

By: s/ Andrew J. Lievernse
ANDREW J. LIEVENSE
Assistant U.S. Attorney
211 W. Fort St., Ste 2001
Detroit, MI 48226
[phone]
[e-mail]
P-68925
DATED: March 9, 2012

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KATHLEEN McKEE,

)
)
) Case No. 11-11803
)
) Honorable Robert H. Cleland
) Magistrate Judge Mark R. Randon
)
)
)
)

Plaintiff,
v.

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

ORDER
This matter comes before the Court on the parties’ Joint Stipulation to Award EAJA
Fees.
The Court, having read the Joint Stipulation and being duly advised now GRANTS said
request, and hereby GRANTS the parties’ Stipulation to Award EAJA Fees and ORDERS that
Plaintiff be awarded attorney fees in the amount of $5354.10 and costs in the amount of $0
under the EAJA, 28 U.S.C. § 2412(d). This award will satisfy all Plaintiff’s claims for fees,
expenses, and costs under 28 U.S.C. § 2412.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: March 16, 2012
I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or
pro se parties on this date, March 16, 2012, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]