Smith v. Colvin

Filing 28

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs application for attorneys fees is GRANTED in the amount of $3,757.72, payable directly to Plaintiff. (Doc. No. 25 .) Signed by District Judge Audrey G. Fleissig on 07/21/2016. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ERIC SMITH,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 4:15CV01388 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s application for attorney’s fee, under
the Equal Access to Justice Act, 28 U.S.C. ' 2412(d). Plaintiff is the prevailing party in
his action challenging the Commissioner of Social Security’s denial of his application for
disability insurance benefits. Plaintiff seeks $3,757.72 in fees, to be paid to Plaintiff’s
counsel pursuant to an assignment of fees to counsel, executed by Plaintiff. Plaintiff has
submitted documentation supporting the requested amount of fees. Defendant responds
that it does not object to the award of fees in the amount sought, but notes that Astrue v.
Ratliff, 560 U.S. 586 (2010), mandates that the fees are to be paid directly to Plaintiff.
The Court’s review of the record indicates that the amount of fees sought is
reasonable and properly supported. The Court agrees with Defendant that Astrue v. Ratliff
requires that the fees be paid directly to Plaintiff, despite the assignment of fees.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s application for attorney’s fees is
GRANTED in the amount of $3,757.72, payable directly to Plaintiff. (Doc. No. 25.)

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 21st day of July, 2016