Gibson v. Colvin
Filing
34
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's Petition for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act [ECF #31] is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. Section 2412(d), plain tiff shall recover attorneys fees in the amount of Five Thousand, Seventy-Three and 34/100 Dollars ($5,073.34). IT IS FURTHER ORDERED that the award shall be made payable to Kristen Van Fossan pursuant to the Assignment of Federal Court EAJA Fee executed by the plaintiff in this case (see ECF #32-3) 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 November 17, 2015. (MCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANGELA GIBSON,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
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No. 4:14CV987 CDP
MEMORANDUM AND ORDER
Plaintiff Angela Gibson prevailed on her 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 $5,073.34. 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. After oral argument at
which both parties were heard, I entered Judgment on September 28, 2015, reversing
the Commissioner’s decision and remanding 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 she 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 the 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 Petition for Award of Attorney’s
Fees Pursuant to the Equal Access to Justice Act [ECF #31] 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 Five Thousand,
Seventy-Three and 34/100 Dollars ($5,073.34).
IT IS FURTHER ORDERED that the award shall be made payable to
Kristen Van Fossan pursuant to the Assignment of Federal Court EAJA Fee
executed by the plaintiff in this case (see ECF #32-3) 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.
___________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 17th day of November, 2015.
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