Siebert v. Astrue
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees [#25] is granted only to the following extent: defendant shall pay plaintiff $5,235.00 in attorney's fees. Signed by District Judge Catherine D. Perry on 1/3/13. (KXS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
MICHAEL J. ASTRUE,
Case No. 4:11 CV1330 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. Although plaintiff
originally sought fees in the amount of $5,507.05, the parties have now agreed to
an award of EAJA fees in the amount of $5,235.00.
On September 21, 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.
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
[#25] is granted only to the following extent: defendant shall pay plaintiff
$5,235.00 in attorney’s fees.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of January, 2013.
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