Garris v. Astrue
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Petition for Award of Attorney Fees Pursuant to the Equal Access to Justice Act (ECF No. 23) is GRANTED in the amount of $3,651.24. IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff. Signed by Magistrate Judge Terry I. Adelman on 12/30/2013. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
No. 1:11CV228 TIA
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Application for Attorney’s Fees Under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (ECF No. 23). The parties consented
to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c).
On September 17, 2013, the undersigned reversed the Commissioner’s decision and
remanded Plaintiff’s case to the Commissioner for further proceedings. Plaintiff now seeks
attorney’s fees in the amount of $3,651.24, which represents 20.05 hours of attorney work from
the Law Offices of Daniel A. Parmele. Defendant filed a response to Plaintiff’s motion, stating
that she has no objection to an award of EAJA fees of $3,651.24 to be paid by the Social Security
In EAJA actions, the district court has the authority to award reasonable and necessary
expenses associated with adjudicating a claim for social security benefits. Kelly v. Bowen, 862
F.2d 1333, 1335 (8th Cir. 1988). The Court finds that Plaintiff is entitled to EAJA fees in the
amount of $3,651.24, payable to the Plaintiff as the prevailing party. Astrue v. Ratliff, 560 U.S.
586, 130 S. Ct. 2521, 2527 (2010) (holding that EAJA fees are payable to the prevailing party
and may be subject to offset to satisfy any pre-existing debt owed to the United States). An
appropriate Judgment will accompany this Memorandum and Order.
IT IS HEREBY ORDERED that Plaintiff’s Petition for Award of Attorney Fees
Pursuant to the Equal Access to Justice Act (ECF No. 23) is GRANTED in the amount of
IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff.
/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE
Dated this 30th day of December, 2013.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?