Ellis v. Social Security

Filing 22

ORDER granting 19 Motion for Attorney Fees. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIAN JEFFREY ELLIS, Plaintiff, Case No. 15-13985 v. Honorable John Corbett O’Meara NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. / ORDER GRANTING PLAINTIFF’S MOTION FOR FEES This matter came before the court on plaintiff Brian Jeffrey Ellis’ February 9, 2017 Motion for EAJA Attorney’s Fees. The Commissioner filed a response February 23, 2017. No reply was filed, and no oral argument was heard. Plaintiff’s counsel filed the instant motion, seeking an award of $5,973.39 in attorney fees, plus the $400 filing fee, for a total award of $6,373.39. The Commissioner has no objection to the award nor to the amount; rather, she seeks only an opportunity to determine whether the amount may be “offset to satisfy a preexisting debt that the litigant owes to the United States.” See Kenney v. Colvin, 2015 WL 5837709, at 3* (E.D. Mich. Sept. 29, 2012). Despite Plaintiff’s counsel’s request that the attorney fees “be paid directly to plaintiff’s attorney,” the court will award the fees and costs to plaintiff Ellis. ORDER It is hereby ORDERED that plaintiff Ellis’ February 9, 2017 motion for attorney’s fees is GRANTED. It is further ORDERED that $6,373.39 be paid to plaintiff Brian Jeffrey Ellis, minus any amount that may be used to satisfy a pre-existing debt to the United States. s/John Corbett O'Meara United States District Judge Date: April 25, 2017 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, April 25, 2017, using the ECF system. s/William Barkholz Case Manager 2

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