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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
RICHARD WAILES,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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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.
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