Lee v. Astrue

Filing 31

MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that Plaintiff's application for attorney's fees is GRANTED in the amount of $2,850.00, payable directly to Plaintiff. (Doc. No. 29). Signed by Honorable Audrey G. Fleissig on 11/1/2011. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DANIEL J. LEE,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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No. 4:10CV00840 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion for attorney’s fees in the
amount of $2,850.00, pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412(d). Plaintiff is the prevailing party in this action challenging the Commissioner of
Social Security’s denial of his application for Disability Insurance Benefits and
Supplemental Security Income. His request for fees is supported by appropriate
documentation. The record includes an assignment of fees by Plaintiff to his attorney.
The Commissioner states that he does not object to the amount of fees sought.
Upon review of the record, the Court finds that the fee request is reasonable. The
Court further holds that the fees should be paid directly to Plaintiff, pursuant to Astrue v.
Ratliff, 130 S. Ct. 2521 (2010), and not to his attorney. While there is some contrary
authority in cases where the prevailing Plaintiff has assigned fees to his or her counsel
and has no federal debt, see, e.g., Johnson v. Astrue, No. CIV 10-4052-RAL, 2011 WL
4458850, at *8-11 (D.S.D. Sept. 23, 2011), this Court believes, as stated in Milan v.

Astrue, No. 2:09CV00024 AGF, 2010 WL 4509830, at *1 (E.D. Mo. Nov. 2, 2010), that
“the better practice is to follow the Supreme Court’s directive under Ratliff” and direct
payment to the Plaintiff. See also Winberry v. Astrue, No. 10-2119, 2011 WL 4105172,
at *3 (W.D. Ark. Sept. 15, 2011); Vossen v. Astrue, No. 07-1567 (PAM/LIB), 2011 WL
1322099, at *1-2 (D. Minn. April 7, 2011).
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s application for attorney’s fees is
GRANTED in the amount of $2,850.00, payable directly to Plaintiff. (Doc. No. 29)

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

Dated this 1st day of November, 2011.