Detterman v. Colvin

Filing 29

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiff's Motion for Attorney's Fees 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 Seven Thousand, Three Hundred Two and 57/100 Dollars ($7,302.57). IT IS FURTHER ORDERED that, under the terms of the Fee Agreement and Assignment executed by the plaintiff in this case (see ECF #2 7-5), the award shall be made payable to her attorney, David D. Camp, 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 9/5/17. (EAB)

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

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No. 4:16 CV 1341 CDP

MEMORANDUM AND ORDER
Plaintiff Timothy W. Detterman prevailed on his 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
$7,302.57. 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 12, 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 he 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 [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 Seven Thousand, Three Hundred Two and 57/100 Dollars ($7,302.57).
IT IS FURTHER ORDERED that, under the terms of the Fee Agreement
and Assignment executed by the plaintiff in this case (see ECF #27-5), the award
shall be made payable to her attorney, David D. Camp, 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 5th day of September, 2017.
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