Lucas v. Berryhill

Filing 30

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's Motion for Attorney's Fees Per Equal Access to Justice Act 28 is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall recover attorney&# 039;s fees from the Social Security Administration in the amount of Six Thousand, Twenty-Two and 81/100 Dollars ($6,022.81). Under the terms of the Assignment of EAJA Fee executed by the plaintiff in this case (see ECF 28-3), the award of at torney's fees shall be made payable to attorney Paul T. Graham 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. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(a), plaintiff shall recover costs from the Judgment Fund administered by the United States Treasury in the amount of One Hundred Nineteen and 00/100 Dollars ($119.00). Signed by District Judge Catherine D. Perry on 11/5/2019. (TMT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
VIRGINIA K. LUCAS,
Plaintiff,
v.
ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.

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No. 2:18 CV 45 CDP

MEMORANDUM AND ORDER
Plaintiff Virginia K. Lucas 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
$6,022.81, and courts costs in the amount of $119.00. The Commissioner does
not object to plaintiff’s request for fees and costs and asks that I order payment in
the amounts 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 September 5, 2019, 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 she 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). Plaintiff also seeks reimbursement of $119.00 as costs for pro hac vice
fees. See 28 U.S.C. §§ 2412(a), 1920(1). The Commissioner does not oppose
plaintiff’s motion but requests that any award of attorney’s fees 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
costs as well as the Commissioner’s requested terms of payment to be reasonable.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Motion for Attorney’s Fees
Per Equal Access to Justice Act [28] 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, Twenty-Two and 81/100 Dollars ($6,022.81).
Under the terms of the Assignment of EAJA Fee executed by the plaintiff in this
case (see ECF 28-3), the award of attorney’s fees shall be made payable to
attorney Paul T. Graham 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.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(a),
plaintiff shall recover costs from the Judgment Fund administered by the United
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States Treasury in the amount of One Hundred Nineteen and 00/100 Dollars
($119.00).

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 5th day of November, 2019.

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