Morris v. Colvin

Filing 31

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees 28 is GRANTED, and plaintiff shall recover attorney's fees in the amount of Five Thousand Eight Hundred Seventy Five and 99/100 dollars ($5,8 75.99). IT IS FURTHER ORDERED that the award shall be made payable toKristen N. Van Fossan, pursuant to the Assignment of Federal Court EAJAAttorney Fee executed by the plaintiff in this case (see ECF #29-3) unless plaintiff has a pre-existing debt owed to the United States, in which case the award shall be made payable to the plaintiff and shall be subject to offset to satisfy such debt. Signed by District Judge Catherine D. Perry on 12/5/2016. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
TRINA D. MORRIS,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

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Case No. 1:15 CV 156 CDP

MEMORANDUM AND ORDER
Plaintiff Trina D. Morris filed this case on September 3, 2015, appealing the
denial of her applications for Disability Insurance Benefits and Supplemental
Security Income. I reversed and remanded the case for further proceedings
pursuant to sentence four of 42 U.S.C. ' 405(g) on September 6, 2016.
Plaintiff now seeks attorney=s fees in the amount of $5,875.99, pursuant to
the Equal Access to Justice Act, 28 U.S.C. ' 2412. The Commissioner does not
object to plaintiff’s request. Because plaintiff prevailed and is not otherwise
precluded from recovering attorney=s fees and costs, I find that she is entitled to an
award in the amount requested.
Accordingly,

IT IS HEREBY ORDERED that plaintiff=s motion for attorney=s fees [28]
is GRANTED, and plaintiff shall recover attorney’s fees in the amount of Five
Thousand Eight Hundred Seventy Five and 99/100 dollars ($5,875.99).
IT IS FURTHER ORDERED that the award shall be made payable to
Kristen N. Van Fossan, pursuant to the Assignment of Federal Court EAJA
Attorney Fee executed by the plaintiff in this case (see ECF #29-3) unless plaintiff
has a pre-existing debt owed to the United States, in which case the award shall be
made payable to the plaintiff and shall be subject to offset to satisfy such debt.

___________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 5th day of December, 2016.

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