Chambers v. Saul

Filing 46

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's application for attorney fees [ECF No. 44 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney fees in the amount of $4,287.50, subject to offset for an y preexisting debt that the Plaintiff owes to the United States. After determining whether Plaintiff owes any debt to the United States that is subject to offset, Defendant is directed to pay the EAJA fees directly to Plaintiff's attorney. Signed by Magistrate Judge Patricia L. Cohen on 8/1/2022. (CLT)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
ANTHONY C.E. CHAMBERS,

)
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Plaintiff,
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v.
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KILOLO KIJAKAZI,
)
Acting Commissioner of Social Security, )
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Defendant.
)

Case No. 2:20-CV-73 PLC

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Anthony Charles Eugene Chambers’ application
for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [ECF No. 44]
Plaintiff requests an award of $4,287.50, representing 24.5 hours at a rate of $175.00 per hour.
Plaintiff attaches an Assignment of Fees, in which he assigned any court-awarded fee to his
attorney, Barry V. Cundiff. [ECF No. 44-3]
Defendant filed a response to Plaintiff’s application for attorney fees, in which she states:
“Defendant agrees to an award of EAJA fees in the amount of $4,287.50.” [ECF No. 45]
Defendant requests that the Court enter an order “specifically awarding attorney fees and expenses
of $4,287.50 to be paid by the Social Security Administration.” [Id. (emphasis in original)] She
notes, however, that any award of attorney fees is subject to offset to satisfy any pre-existing debt
Plaintiff owes to the United States. See Astrue v. Ratliff, 560 U.S. 586 (2010).
After careful consideration,
IT IS HEREBY ORDERED that Plaintiff’s application for attorney fees [ECF No. 44] is
GRANTED.

IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney fees in the amount
of $4,287.50, subject to offset for any preexisting debt that the Plaintiff owes to the United States.
After determining whether Plaintiff owes any debt to the United States that is subject to offset,
Defendant is directed to pay the EAJA fees directly to Plaintiff’s attorney.

PATRICIA L. COHEN
UNITED STATES MAGISTRATE JUDGE
Dated this 1st day of August, 2022