Holohan v. Berryhill

Filing 21

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's application for attorney's fees and expenses in the amount of $4,553.68 and the filing fee of $400 is GRANTED. ECF. No. 19 . IT IS FURTHER ORDERED that said award sha ll be made payable to Plaintiff, with the award of attorney's fees and expenses in the amount of $4,553.68 paid by the Social Security Administration, and the filing fee of $400 paid from the Judgment Fund of the United States Treasury. Signed by District Judge Audrey G. Fleissig on 6/18/2018. (AFC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

SHANNON K. HOLOHAN,

)
)
Plaintiff,
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)
vs.
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NANCY A. BERRYHILL, Deputy
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Commissioner for Operations, Social Security )
Administration,
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Defendant.
)

Case No. 2:17-cv-00053-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s application for attorney’s fees under
the Equal Access to Justice Act, 28 U.S.C. ' 2412. Plaintiff is the prevailing party in this
action challenging the decision of Defendant that Plaintiff is not disabled, as defined by the
Social Security Act, and was thus not entitled to disability insurance benefits. Plaintiff
seeks $4,534.00 in attorney’s fees, $19.68 in expenses, and the $400 filing fee. Plaintiff
asks that the fees, expenses, and costs be paid to Plaintiff’s counsel, pursuant to an
assignment of fees executed by Plaintiff. Plaintiff has submitted documentation
supporting the requested amount of fees.
Defendant responds that she does not object to the award of fees, expenses, and
costs in the amounts sought, but that Astrue v. Ratliff, 560 U.S. 586 (2010), mandates that
the award is to be paid directly to Plaintiff and may be subject to offset to satisfy any
pre-existing debt that the litigant owes to the United States. Further, Defendant requests

that the Court’s order reflect that the award of $4,553.68 in fees and expenses is to be paid
by the Social Security Administration and that the filing fee of $400 is to be paid from
Judgment Fund of the United States Treasury.
The Court’s review of the record indicates Plaintiff is entitled to an award of fees,
expenses and costs, and that the amounts sought are reasonable and properly supported.
As Defendant asserts, the 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.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s application for attorney’s fees and
expenses in the amount of $4,553.68 and the filing fee of $400 is GRANTED. ECF. No.
19.
IT IS FURTHER ORDERED that said award shall be made payable to Plaintiff,
with the award of attorney’s fees and expenses in the amount of $4,553.68 paid by the
Social Security Administration, and the filing fee of $400 paid from the Judgment Fund of
the United States Treasury.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated on this 18th day of June, 2018.

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