Constable v. Colvin

Filing 25

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's Application for Attorney's Fees under the Equal Access to Justice Act [ECF # 23 ] is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall rec over attorneys fees in the amount of Four Thousand, Six Hundred Eighty-Seven and 50/100 Dollars ($4,687.50). 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 #[23-3]) 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 1/6/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
NICOLE CONSTABLE,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

Case No. 4:14 CV 1128 CDP

MEMORANDUM AND ORDER
Plaintiff Nicole Constable filed this case on June 20, 2014, appealing the
denial of her application for supplemental security income benefits. On
September 29, 2015, after briefing from both parties, I reversed and remanded
the case for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
Constable now seeks attorney’s fees in the amount of $4687.50, pursuant
to the Equal Access to Justice Act, 28 U.S.C. § 2412. The Commissioner does
not oppose Constable’s motion, but requests that any award be made payable in
accordance with Astrue v. Ratliff, 560 U.S. 586 (2010). Upon review of the
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 #23] 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, Six
Hundred Eighty-Seven and 50/100 Dollars ($4,687.50).
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 #23-3)
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 6th day of January, 2016.

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