Walser v. Colvin

Filing 34

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees 31 is granted, and plaintiff shall recover attorney's fees from the Social Security Administration in the amount of $4,085.10. IT IS FURTHE R ORDERED that, under the terms of the Fee Agreement executed by the plaintiff in this case (Doc. #32-3), the award shall be made payable to attorney Karen Kraus Bill 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 Rodney W. Sippel on 1/2/2018. (CAR)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION ANDREA WALSER, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. No. 2:16 CV 49 RWS MEMORANDUM AND ORDER This matter is before me on plaintiff’s motion for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. ' 2412, in the amount of $4,085.10. Defendant does not object to the request. On September 25, 2017, I reversed the decision of the Commissioner and remanded the case to the Commissioner under sentence four of 42 U.S.C. ' 405(g) for further consideration. Because plaintiff prevailed and is not otherwise precluded from recovering attorney’s fees, I find plaintiff is entitled to an award in the amount requested. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for attorney’s fees [31] is granted, and plaintiff shall recover attorney’s fees from the Social Security Administration in the amount of $4,085.10. 1 IT IS FURTHER ORDERED that, under the terms of the Fee Agreement executed by the plaintiff in this case (Doc. #32-3), the award shall be made payable to attorney Karen Kraus Bill 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. _________________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 2nd day of January, 2018. 2

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