Welch v. Colvin

Filing 21

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs application for attorneys fees is GRANTED in the amount of $4,696.88, payable directly to Plaintiff. (Doc. No. 19 .) (cc:Finance) Signed by District Judge Audrey G. Fleissig on 01/05/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
ROBERT WELCH,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 2:15CV00042 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s application for attorney’s fee, under
the Equal Access to Justice Act, 28 U.S.C. ' 2412(d). Plaintiff is the prevailing party in
his action challenging the Commissioner of Social Security’s denial of his application for
supplemental security income and disability insurance benefits. Plaintiff seeks $4,696.88
in fees, to be paid to Plaintiff’s counsel, pursuant to an assignment of fees executed by
Plaintiff, in the event the award is not used to satisfy an outstanding debt. Plaintiff has
submitted documentation supporting the requested amount of fees. The Commissioner
responds that it does not object to the award of fees in the amount sought, but notes that
Astrue v. Ratliff, 560 U.S. 586 (2010), mandates that the fees are to be paid directly to
Plaintiff.
The Court’s review of the record indicates that the amount of fees sought is
reasonable and properly supported. As Defendant asserts, Astrue v. Ratliff, 560 U.S. 586
(2010), requires that the fees be paid directly to Plaintiff, even in light of the assignment

signed by Plaintiff. The Court is not in a position to provide otherwise.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s application for attorney’s fees is
GRANTED in the amount of $4,696.88, payable directly to Plaintiff. (Doc. No. 19.)

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 5th day of January, 2017