Jones v. Astrue

Filing 27

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for Attorneys Fees is GRANTED. (Doc. No. 25.) IT IS FURTHER ORDERED that Plaintiffs request that the award of fees be made to him but mailed to his attorney, Steve Wolf, at The Law Office of Steve Wolf, LC, 11939 Manchester # 211, St. Louis, Missouri 63131, is GRANTED.re: 25 MOTION for Attorney Fees Pursuant to EAJA filed by Plaintiff Martin C. Jones. Signed by District Judge Audrey G. Fleissig on 11/20/12. (JWJ)

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

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Case No. 4:11CV001417 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s application for reimbursement of
attorney’s fees in the amount of $3,299.30 (2.5 hours at an hourly rate of $180.59 and
15.5 hours at an hourly rate of $183.73), pursuant to the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d)(1)(A). Plaintiff requests that, if granted, the EAJA award
of fees be made payable to Plaintiff, but mailed to his attorney.
The Court finds that Plaintiff is the prevailing party in this action inasmuch as the
Court by judgment dated August 1, 2012, remanded this case to the Commissioner for
further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). A claimant seeking
judicial review of a final decision denying Social Security disability benefits may recover
attorney’s fees if he or she receives a “sentence four” remand. See Shalala v. Schaefer,
509 U.S. 292, 295-96 (1993). In addition, Plaintiff’s request for attorney’s fees is
supported by appropriate documentation. Because Plaintiff prevailed and is not

otherwise precluded from receiving attorney’s fees and costs, Plaintiff’s motion for
attorney’s fees in the amount of $3,299.30 will be granted.
As required under Astrue v. Ratliff, 130 S. Ct. 2521, 2529 (2010), the award
should be made payable to Plaintiff and not to Plaintiff’s attorney, but the Court has no
objection to Plaintiff’s request that it be mailed to his attorney. In their filings, Plaintiff
and the Commissioner each acknowledge that if Plaintiff owes a federal debt, any
assignment of fees he has made does not preclude the United States Department of
Treasury from making the fee award payable to Plaintiff and available to offset such debt.
See 31 C.F.R. § 285.5(e)(6)(ii); see also Ratliff, 130 S. Ct. at 2529.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Attorney’s Fees is
GRANTED. (Doc. No. 25.)
IT IS FURTHER ORDERED that Plaintiff’s request that the award of fees be
made to him but mailed to his attorney, Steve Wolf, at The Law Office of Steve Wolf,
LC, 11939 Manchester # 211, St. Louis, Missouri 63131, is GRANTED.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

Dated this 20th day of November, 2012.

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