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)

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

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