Goggin v. Colvin

Filing 25

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's Motion for Attorney's Fees 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 Seventeen and 24/100 Dollars ($4,617.24). IT IS FURTHER ORDERED that the award shall be made payable to plaintiffs counsel, Paul W. Trim, pursuant to the Fee Agreement and Assignment executed by the plaintiff in this case (see EC F # 23 -3), and mailed to counsel at 1285 Fern Ridge Parkway, Suite 120, St. Louis, MO 63141. If plaintiff has a pre- existing debt owed to the United States, the award shall be made payable to plaintiff subject to offset to satisfy such debt, and shall be mailed to plaintiff at counsel's address, above. Signed by District Judge Catherine D. Perry on 8/30/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHIRLEY GOGGIN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 4:15 CV 1887 CDP

MEMORANDUM AND ORDER
Plaintiff Shirley Goggin 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 $4,617.24. 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. In a Memorandum, Order
and Judgment entered June 6, 2016, I reversed the Commissioner’s decision and
remanded 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 any 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 Motion for Attorney’s Fees [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
Seventeen and 24/100 Dollars ($4,617.24).
IT IS FURTHER ORDERED that the award shall be made payable to
plaintiff’s counsel, Paul W. Trim, pursuant to the Fee Agreement and Assignment
executed by the plaintiff in this case (see ECF #23-3), and mailed to counsel at 1285
Fern Ridge Parkway, Suite 120, St. Louis, MO 63141. If plaintiff has a pre-existing
debt owed to the United States, the award shall be made payable to plaintiff subject
to offset to satisfy such debt, and shall be mailed to plaintiff at counsel’s address,
above.

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 30th day of August, 2016.
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