MacNeil v. Social Security Administration

Filing 28

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs application for attorneys fees and filing fee cost is GRANTED in the amount of $4,250.00 and $350.00, respectively. (Doc. No. 26.) IT IS FURTHER ORDERED that said award shall be made payable to Plaintiff, with the award of attorneys fees paid by the Social Security Administration, and the filing fee cost paid from the Judgment Fund of the United States Treasury. Signed by District Judge Audrey G. Fleissig on 3/4/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRIAN MACNEIL,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Case No. 4:12CV01756 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s application for reimbursement of
attorney’s fees in the amount of $4,250.00 (22.9 hours at an hourly rate of $185.59),
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), as the prevailing
party in this action. Plaintiff requests that the award of attorney’s fees be paid directly to
his attorney. Plaintiff additionally requests reimbursement of his filing fee in the amount
of $350.00 from the Judgment Fund of the United States Treasury.
The Commissioner states that she does not object to the award of fees in the
amount requested, but that the fees are properly payable to Plaintiff. Further, the
Commissioner requests that the Court’s order reflect that the award of attorney’s fees is
to be paid by the Social Security Administration and that the filing fee cost is to be paid
from the Judgment Fund of the United States Treasury.
The Court finds that Plaintiff is entitled to an award of fees and that the amount

requested is reasonable and supported by appropriate documentation. Under Astrue v.
Ratliff, 130 S. Ct. 2521 (2010), the fee award is payable to Plaintiff, rather than to his
attorney.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s application for attorney’s fees and
filing fee cost is GRANTED in the amount of $4,250.00 and $350.00, respectively.
(Doc. No. 26.)
IT IS FURTHER ORDERED that said award shall be made payable to Plaintiff,
with the award of attorney’s fees paid by the Social Security Administration, and the
filing fee cost paid from the Judgment Fund of the United States Treasury.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 4th day of March, 2014.

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