Rhone v. Colvin

Filing 20

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's Application for Attorney's Fees Under the Equal Access to Justice Act [ECF #18] is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. Section 2412(d), plaintiff shall rec over attorney's fees in the amount of Four Thousand, Two Hundred Sixty-Four and 25/100 Dollars ($4,264.25). IT IS FURTHER ORDERED that the award shall be made payable to The Law Offices of Daniel A. Parmele, P.C., pursuant to the Affidavit and Assignment of EAJA Fee executed by the plaintiff in this case (see ECF #18-3) unless plaintiff has a pre-existing debt owed to the United States, in which case the award shall be made payable to the plaintiff and shall be subject to offset to satisfy such debt. Signed by District Judge Catherine D. Perry on October 9, 2015. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEVIN RHONE,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 4:14CV655 CDP

MEMORANDUM AND ORDER
Plaintiff Kevin Rhone prevailed on his appeal for judicial review of an
adverse decision of the Social Security Administration and now requests attorney’s
fees under the Equal Access to Justice Act (EAJA) in the amount of $4,264.25. The
Commissioner does not object to plaintiff’s request for fees and asks that I order
payment in the amount requested. I will grant the request.
This matter came before me on plaintiff’s appeal for judicial review of an
adverse decision of the Social Security Administration. In a Memorandum, Order
and Judgment entered July 9, 2015, I reversed the Commissioner’s decision and
remanded the matter to the Commissioner for further administrative proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff now seeks an award of
attorney’s fees inasmuch as he is a prevailing party, has a net worth of less than two
million dollars, and incurred these fees in this action. 28 U.S.C. § 2412(d). The

Commissioner does not oppose plaintiff’s motion, but requests that any award be
made payable in accordance with Astrue v. Ratliff, 560 U.S. 586 (2010). Upon
review of plaintiff’s motion and the Commissioner’s response, I find the requested
fees and the Commissioner’s requested terms of payment to be reasonable.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Application for Attorney’s Fees
Under the Equal Access to Justice Act [ECF #18] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d),
plaintiff shall recover attorney’s fees in the amount of Four Thousand, Two Hundred
Sixty-Four and 25/100 Dollars ($4,264.25).
IT IS FURTHER ORDERED that the award shall be made payable to The
Law Offices of Daniel A. Parmele, P.C., pursuant to the Affidavit and Assignment of
EAJA Fee executed by the plaintiff in this case (see ECF #18-3) unless plaintiff has
a pre-existing debt owed to the United States, in which case the award shall be made
payable to the plaintiff and shall be subject to offset to satisfy such debt.

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 9th day of October, 2015.

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