Politte v. Astrue

Filing 32

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's motion for attorney's fees is GRANTED in the amount of $3,299.67. (Doc. No. 30.) IT IS FURTHER ORDERED that said award shall be made payable to Plaintiff. Signed by District Judge Audrey G. Fleissig on 3/28/2014. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
)
MICHELLE POLITTE,
)
)
Plaintiff,
)
)
v.
)
Case No. 4:12CV02100 AGF/DDN
)
CAROLYN W. COLVIN, Acting
)
Commissioner of Social Security,
)
)
Defendant.
)

MEMORANDUM AND ORDER
Plaintiff is the prevailing party in this action. The matter is now before the Court
on her motion for attorney’s fees in the amount of $3,299.67 (15.1 hours at an hourly rate
of $187.75; 0.6 hours at an hourly rate of $187.75; 3.1 hours at an hourly rate of $100.00;
and 0.7 hours at an hourly rate of $60.00), pursuant to the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d). Having assigned to her attorney any right to receive the
EAJA payment, Plaintiff requests that the fee award be made payable to her attorney.
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.
The Court finds that Plaintiff is entitled to an award of fees and that the amount
requested is reasonable and supported by appropriate documentation. However, under
Astrue v. Ratliff, 130 S. Ct. 2521 (2010), the fee award is payable to Plaintiff, rather than
to her attorney.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for attorney’s fees is
GRANTED in the amount of $3,299.67. (Doc. No. 30.)
IT IS FURTHER ORDERED that said award shall be made payable to Plaintiff.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 28th day of March, 2014.