Lillard v. Berryhill

Filing 38

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff's Application for Relief Under the Equal Access to Justice Act 36 is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall recover a ttorney's fees from the Social Security Administration in the amount of Six Thousand, Eight Hundred Sixty and 00/100 Dollars ($6860.00). IT IS FURTHER ORDERED that, under the terms of the Fee Agreement executed by the plaintiff in this ca se (see ECF 36 at p. 12), the award shall be made payable to The Law Firm of Dempsey & Dempsey, 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 5/30/19. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
OCEAN M. LILLARD,
Plaintiff,
v.
NANCY A. BERRYHILL, Deputy
Commissioner of Operations for
Social Security,
Defendant.

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No. 2:17 CV 83 CDP

MEMORANDUM AND ORDER
Plaintiff Ocean M. Lillard prevailed on her 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 $6860. 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 25, 2019, I reversed the Commissioner’s decision
under sentence four of 42 U.S.C. § 405(g) and remanded the matter to the
Commissioner for calculation and award of benefits. Plaintiff now seeks an award
of attorney’s fees inasmuch as she is a prevailing party, is financially eligible to

receive an award, 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 Relief Under the
Equal Access to Justice Act [36] 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 Six Thousand, Eight Hundred Sixty and 00/100 Dollars ($6860.00).
IT IS FURTHER ORDERED that, under the terms of the Fee Agreement
executed by the plaintiff in this case (see ECF 36 at p. 12), the award shall be made
payable to The Law Firm of Dempsey & Dempsey, 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.

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 30th day of May, 2019.
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