Mustafic v. Colvin

Filing 30

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's Petition for Award of Attorney Fees Pursuant to the Equal Access to Justice Act 27 is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall rec over attorneys fees from the Social Security Administration in the amount of Four Thousand, Five Hundred Sixty-Four and 70/100 Dollars ($4,564.70). IT IS FURTHER ORDERED that, under the terms of the Fee Agreement executed by the plaintiff in th is case (see ECF #28-3), the award shall be made payable to attorney Jennifer M. Van Fossan 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 subject to offset to satisfy that debt. Signed by District Judge Catherine D. Perry on December 14, 2017. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FATIMA MUSTAFIC,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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No. 4:16 CV 837 CDP

MEMORANDUM AND ORDER
Plaintiff Fatima Mustafic 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 $4,564.70. 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 October 10, 2017, I reversed the Commissioner’s decision and
remanded the matter to the Commissioner for further administrative proceedings
under 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 Petition for Award of Attorney
Fees Pursuant to the Equal Access to Justice Act [27] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d),
plaintiff shall recover attorney’s fees from the Social Security Administration in the
amount of Four Thousand, Five Hundred Sixty-Four and 70/100 Dollars
($4,564.70).
IT IS FURTHER ORDERED that, under the terms of the Fee Agreement
executed by the plaintiff in this case (see ECF #28-3), the award shall be made
payable to attorney Jennifer M. Van Fossan 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 subject to offset to satisfy that debt.

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 14th day of December, 2017.
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