Walny v. Colvin

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Application for Attorney's Fees under the Equal Access to Justice Act (ECF No. 21 ) is GRANTED in the amount of Four Thousand Eight Hundred Twenty-Eight Dollars and Thirteen Cents ($4,828.13) to be paid by the Social Security Administration. IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff. Signed by District Judge Ronnie L. White on July 8, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KINDELLA WALNY,
Plaintiff,
V.

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 4:14CV1684 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs Application for Attorney's Fees under the
Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (ECF No. 21). Defendant has no
objection to Plaintiffs request.
On March 28, 2016, the undersigned reversed the Commissioner's decision and
remanded Plaintiffs case for further proceedings. Plaintiff now seeks attorney's fees in the
amount of $4,828.13, which represents 25.75 hours of attorney work. Defendant filed a response
to Plaintiffs motion, stating that she has no objection to an award ofEAJA fees of $4,828.13 to
be paid by the Social Security Administration.
In EAJA actions, the district court has the authority to award reasonable and necessary
expenses associated with adjudicating a claim for social security benefits. Kelly v. Bowen, 862
F.2d 1333, 1335 (8th Cir. 1988). The Court finds that Plaintiff is entitled to EAJA fees in the
amount of $4,828.13, payable to the Plaintiff as the prevailing party. Astrue v. Ratliff, 560 U.S.
586, 593 (2010) (holding that EAJA fees are payable to the prevailing party and may be subject
to offset to satisfy any pre-existing debt owed to the United States).

Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Application for Attorney' s Fees under the
Equal Access to Justice Act (ECF No. 21) is GRANTED in the amount of Four Thousand Eight
Hundred Twenty-Eight Dollars and Thirteen Cents ($4,828.13) to be paid by the Social Security
Administration.
IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff.
Dated this 8th day of July, 2016.

UNITED STATES DISTRICT JUDGE

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