Thompson v. Astrue

Filing 26

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees [# 23 ] is granted, and defendant shall pay plaintiff $3,790.08 in attorneys fees, and plaintiff shall recover costs in t he amount of $450.00 from the Judgment Fund administered by the United States Treasury. IT IS FURTHER ORDERED that defendant's motion for extension of time [# 24 ] is denied as moot. Signed by District Judge Catherine D. Perry on 01/09/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL THOMPSON o/b/o
RONDA THOMPSON,
Plaintiff,
vs.
CAROLYN W. COLVIN,1
Commissioner of Social Security,
Defendant.

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Case No. 4:12CV1530 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 fees
in the amount of $3,790.08, plus the filing fee of $350.00 and pro hac vice fees in
the amount of $100.00. Defendant does not object to the request for fees and
costs.
On September 24, 2013, 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

1

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14,
2013. As such, she should be substituted for Michael J. Astrue as the defendant in this suit. Fed.
R. Civ. P. 25(d).

precluded from recovering attorney’s fees and costs, I find plaintiff2 is entitled to
an award in the amount requested. I also find that plaintiff is entitled to recover
the filing and pro hac vice fees from the Judgment Fund administered by the
United States Treasury.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for attorney’s fees
[#23] is granted, and defendant shall pay plaintiff $3,790.08 in attorney’s fees, and
plaintiff shall recover costs in the amount of $450.00 from the Judgment Fund
administered by the United States Treasury.
IT IS FURTHER ORDERED that defendant’s motion for extension of
time [#24] is denied as moot.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 9th day of January, 2014.

2

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