Siebert v. Astrue

Filing 27

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
EASTERN DIVISION
JENNIFER SIEBERT,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

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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.

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

Accordingly,
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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