Porter v. Social Security Administration

Filing 19

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees [# 16 ] is granted, and defendant shall pay plaintiff $4,175.60 in attorneys fees. Signed by District Judge Catherine D. Perry on 10/02/2012. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PATRICIA PORTER,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

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Case No. 4:11 CV540 CDP

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion for attorney’s fees and costs
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Plaintiff seeks
$4,175.60 in attorney’s fees. Defendant does not oppose the motion.
On September 11, 2012, I reversed the decision of the Commissioner and
remanded the case to the Commissioner under sentence four of 42 U.S.C. § 405(g)
for further consideration. Because plaintiff prevailed and is not otherwise
precluded from recovering attorney’s fees and costs, I find plaintiff1 is entitled to
an award in the amount requested.
Accordingly,

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The fees are payable to plaintiff, not plaintiff’s attorney. See Astrue v. Ratliff, 130 S. Ct.
2521, 2524 (2010).

IT IS HEREBY ORDERED that plaintiff’s motion for attorney’s fees
[#16] is granted, and defendant shall pay plaintiff $4,175.60 in attorney’s fees.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 2nd day of October, 2012.

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