Hounihan v. Colvin

Filing 18

MEMORANDUM AND ORDER re: 17 First MOTION to Amend/Correct Order of Attorney Fees filed by Plaintiff Terry Hounihan. IT IS HEREBY ORDERED that plaintiff=s first motion to amend/correct order of attorney fees [#17] is granted in part and denied in part. Defendant shall pay plaintiff $2295.00 in attorney fees. The payment shall be mailed to plaintiff, c/o David Throesch, 210 E. Everett Street, Pocahontas, Arkansas, 72455. Signed by District Judge Catherine D. Perry on 12/5/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

TERRY HOUNIHAN,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

Case No. 1:13CV98 CDP

MEMORANDUM AND ORDER
In a previous motion, plaintiff Terry Hounihan requested attorney fees
pursuant to the Equal Access to Justice Act, 28 U.S.C. ' 2412. Defendant had no
objection, and I found that Hounihan was entitled to an award in the amount he
requested.
Plaintiff has now moved to amend so that payment of the award is made in
the care of his attorney. In support of his motion, plaintiff states that he signed an
agreement assigning any EAJA fee to his attorney. (See Pl.’s Ex. 1.)
Under Astrue v. Ratliff, 130 S. Ct. 2521, 2524 (2010), the EAJA fee is
payable to plaintiff so that it may be used to offset any preexisting debt plaintiff
may have to the United States. Defendant’s response to plaintiff’s request for
attorney fees did not make clear whether plaintiff has any preexisting debt that

would offset the award. As such, I cannot order defendant to pay any party other
than the plaintiff.
Plaintiff also requests that the payment be mailed to plaintiff’s attorney’s
address in accordance with the applicable fee agreement. I will grant this request.
Accordingly,
IT IS HEREBY ORDERED that plaintiff=s first motion to amend/correct
order of attorney fees [#17] is granted in part and denied in part. Defendant shall
pay plaintiff $2295.00 in attorney fees. The payment shall be mailed to plaintiff,
c/o David Throesch, 210 E. Everett Street, Pocahontas, Arkansas, 72455.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 5th day of December, 2013.

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