Ryherd v. Berryhill

Filing 29

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's Petition for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [ 25 ] is GRANTED in part. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintif f shall recover attorney's fees from the Social Security Administration in the amount of Seven Thousand and Five Hundred Dollars ($7,500.00). IT IS FURTHER ORDERED that, under the terms of the Fee Agreement executed by the plaintiff in t his case, the award shall be made payable to attorney Mark J. Dean 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 9/9/2020. (NEP)

Case: 2:18-cv-00116-CDP Doc. #: 29 Filed: 09/09/20 Page: 1 of 2 PageID #: 1699

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KARA LYNN RYHERD,

)
)
Plaintiff,
)
)
v.
)
)
ANDREW SAUL,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

No. 2:18 CV 116 CDP

MEMORANDUM AND ORDER
Plaintiff Kara Ryherd prevailed on her appeal for judicial review of an
adverse decision of the Social Security Administration and requested attorney’s
fees under the Equal Access to Justice Act (EAJA) in the amount of $15,619.50.
The Commissioner initially filed a response opposing the request as unreasonable.
Subsequently, the Commissioner filed a Notice of Settlement Regarding Plaintiff’s
Application for Attorney Fees, wherein the Commissioner indicates that the parties
have agreed to an award of attorney fees of $7,500.00. ECF 28. The
Commissioner asks that I order payment in that amount. Upon review of plaintiff’s
motion, the Commissioner’s response, and the notice of settlement, I find the
requested fees and the Commissioner’s requested terms of payment to be
reasonable.
Accordingly,

Case: 2:18-cv-00116-CDP Doc. #: 29 Filed: 09/09/20 Page: 2 of 2 PageID #: 1700

IT IS HEREBY ORDERED that plaintiff’s Petition for Award of Attorney
Fees Pursuant to the Equal Access to Justice Act [25] is GRANTED in part.
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 Seven Thousand and Five Hundred Dollars ($7,500.00).
IT IS FURTHER ORDERED that, under the terms of the Fee Agreement
executed by the plaintiff in this case, the award shall be made payable to attorney
Mark J. Dean 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 9th day of September, 2020.

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