Perkins v. Social Security Administration

Filing 27

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff=s application for attorney=s fees and costs under the Equal Access to Justice Act is GRANTED. Doc. 24 IT IS FURTHER ORDERED that defendant Commissioner of Social Security shall pay attorney's fees under the EAJA in the amount of Three Thousand Nine Hundred Fifty-Four Dollars and Sixty-Five Cents ($3,954.65), payable to plaintiff. Signed by District Judge Charles A. Shaw on 12/5/2013. (RAK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ROCHELLE PERKINS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

No. 4:12-CV-1466 CAS

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff=s Application for Award of Attorney=s Fees
pursuant to the Equal Access to Justice Act (AEAJA@), 28 U.S.C. ' 2412(d)(1)(B). Plaintiff seeks
attorney=s fees in the amount of $3,954.65, which amount is based on multiplying 21.2 hours of
attorney time by a rate of $186.54 per hour. Plaintiff’s counsel states that plaintiff signed an
agreement assigning any EAJA fee to her counsel. Counsel asks the court to order defendant to
make the fee payable to plaintiff’s attorney based on the assignment.
Defendant filed a response which states that the “Defendant has no objection to Plaintiff’s
request for attorney fees under the EAJA in the amount of $3,954.65.” Defendant states,
however, that the attorney fees should be made payable directly to plaintiff as the litigant pursuant
to Astrue v. Ratliff, 130 S. Ct. 2521 (2010).
The Court has reviewed plaintiff=s application for an award of fees and expenses under the
EAJA, and concludes the statutory requirements are met. By Order and Judgment of Remand
dated September 30, 2013, this Court remanded this case to defendant Commissioner for further
1

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 Asentence four@ remand. See Shalala v. Schaefer, 509 U.S. 292, 295-96 (1993).
Because plaintiff prevailed and is not otherwise precluded from receiving attorney=s fees, the
Court finds that she is entitled to attorney=s fees in the amount of $3,954.65.
Accordingly,
IT IS HEREBY ORDERED that plaintiff=s application for attorney=s fees and costs under
the Equal Access to Justice Act is GRANTED. [Doc. 24]
IT IS FURTHER ORDERED that defendant Commissioner of Social Security shall pay
attorney=s fees under the EAJA in the amount of Three Thousand Nine Hundred Fifty-Four Dollars
and Sixty-Five Cents ($3,954.65), payable to plaintiff.

__________________________________
CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 5th day of December, 2013.

2