Johnson v. Colvin

Filing 25

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Attorney's Fees (ECF No. 23 ) is GRANTED in the amount of $5,843.75. IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Ronnie L. White on March 30, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TODD A. JOHNSON,
)
)
Plaintiff,
)
)
v.
)
No. 4:15CV436 RLW
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security,
)
)
Defendant.
)
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs Motion for Attorney' s Fees pursuant to the
Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (ECF No. 23). Defendant has no
objection to Plaintiffs request.
On January 5, 2016, the undersigned reversed the Commissioner' s decision and
remanded Plaintiff's case for further proceedings. Plaintiff now seeks attorney' s fees in the
amount of$5,843.75, which represents 30.7 hours of attorney work at the rate of$190.35 per
hour. Defendant filed a response to Plaintiffs motion, stating that she has no objection to an
award ofEAJA fees of $5,843.75 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$5,843.75, 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). An appropriate Judgment
will accompany this Memorandum and Order.

Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Motion for Attorney' s Fees (ECF No. 23) is
GRANTED in the amount of $5,843.75.
IT IS FURTHER ORDERED that said award shall be made payable to the Plaintiff. A
separate Judgment shall accompany this Memorandum and Order.
Dated this 30th day of March, 2016.

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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