Townsend v. Colvin

Filing 30

MEMORANDUM AND ORDER re: 28 MOTION for Attorney Fees under the Equal Access to Justice Act filed by Plaintiff Marilynn Ann Townsend. IT IS HEREBY ORDERED that plaintiff's Application for Attorney's Fees under the Equal Access t o Justice Act (#28) is GRANTED and plaintiff is awarded attorney's fees and expenses in the amount of $5,500.00. IT IS FURTHER ORDERED that defendant shall pay attorney's fees and expenses in the amount of $5,500.00, payable to pl aintiff, subject to any pre-existing debt that the plaintiff owes to the United States. The payment shall be mailed to plaintiff's attorney, Sam M. Coring, Reynolds, Gold & Grosser, P.C., 1240 East Independence, Suite 200, Springfield, Missouri 65804. Signed by District Judge Stephen N. Limbaugh, Jr on 6/17/14. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MARILYN ANN TOWNSEND,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No. 1:13CV76 SNLJ / DDN

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 #28), filed May
27, 2014. Defendant filed a response on June 9, 2014.
This Court ordered (ECF #27) that the Report and Recommendation of United
States Magistrate David D. Noce, filed May 1, 2014 (ECF #25), be sustained, adopted,
and incorporated in this Court’s Order and Judgment of May 20, 2014. Plaintiff now
seeks an award of attorney’s fees and expenses. Plaintiff’s attorney has submitted a
detailed affidavit documenting the hours of work performed. Plaintiff and Defendant
have agreed to an award of EAJA fees and expenses in the amount of $5,500.00.
Because plaintiff is the prevailing party and there are no circumstances in this case
that would make an award under the EAJA unwarranted, this Court finds that plaintiff is
entitled to an award in the agreed amount. An award of attorney’s fees to the prevailing
party under the EAJA is payable to the plaintiff as the litigant and is “subject to

[g]overnment offset to satisfy a pre-existing debt that the litigant owes the United States.”
Ratliff, 130 S.Ct. at 2524. Therefore, the Court will direct the defendant to make
plaintiff’s award of attorney’s fees payable to plaintiff, subject to any pre-existing debt
plaintiff owes to the United States.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Application for Attorney’s Fees
under the Equal Access to Justice Act (#28) is GRANTED and plaintiff is awarded
attorney=s fees and expenses in the amount of $5,500.00.
IT IS FURTHER ORDERED that defendant shall pay attorney’s fees and
expenses in the amount of $5,500.00, payable to plaintiff, subject to any pre-existing debt
that the plaintiff owes to the United States. The payment shall be mailed to plaintiff’s
attorney, Sam M. Coring, Reynolds, Gold & Grosser, P.C., 1240 East Independence,
Suite 200, Springfield, Missouri 65804.
Dated this 17th day of June, 2014.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE