Wailes v. Colvin

Filing 26

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's Application for Attorney's Fees Under the Equal Access to Justice Act 24 is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plai ntiff shall recover attorney's fees from the Social Security Administration in the amount of Four Thousand, Five Hundred Forty-Six and 88/100 Dollars ($4,546.88). IT IS FURTHER ORDERED that, under the terms of the Affidavit and Assignment of EAJA Fee executed by the plaintiff in this case (see ECF #24-3), the award shall be made payable to The Law Offices of Daniel A. Parmele, P.C., 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 subject to offset to satisfy that debt. Signed by District Judge Catherine D. Perry on 7/7/2017. (CBL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION RICHARD WAILES, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No. 2:16 CV 13 CDP MEMORANDUM AND ORDER Plaintiff Richard Wailes prevailed on his appeal for judicial review of an adverse decision of the Social Security Administration and now requests attorney’s fees under the Equal Access to Justice Act (EAJA) in the amount of $4,546.88. The Commissioner does not object to plaintiff’s request for fees and asks that I order payment in the amount requested. I will grant the request. This matter came before me on plaintiff’s appeal for judicial review of an adverse decision of the Social Security Administration. In a Memorandum, Order, and Judgment entered March 29, 2017, I reversed the Commissioner’s decision and remanded the matter to the Commissioner for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Plaintiff now seeks an award of attorney’s fees inasmuch as he is a prevailing party, has a net worth of less than two million dollars, and incurred these fees in this action. 28 U.S.C. § 2412(d). The Commissioner does not oppose plaintiff’s motion but requests that any award be made payable in accordance with Astrue v. Ratliff, 560 U.S. 586 (2010). Upon review of plaintiff’s motion and the Commissioner’s response, I find the requested fees and the Commissioner’s requested terms of payment to be reasonable. Accordingly, IT IS HEREBY ORDERED that plaintiff’s Application for Attorney’s Fees Under the Equal Access to Justice Act [24] is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall recover attorney’s fees from the Social Security Administration in the amount of Four Thousand, Five Hundred Forty-Six and 88/100 Dollars ($4,546.88). IT IS FURTHER ORDERED that, under the terms of the Affidavit and Assignment of EAJA Fee executed by the plaintiff in this case (see ECF #24-3), the award shall be made payable to The Law Offices of Daniel A. Parmele, P.C., 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 subject to offset to satisfy that debt. ___________________________________ CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE Dated this 7th day of July, 2017. -2-

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