Montgomery v. Berryhill

Filing 27

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's Motion for Attorney's Fees 25 is GRANTED. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall recover attorneys fees from the S ocial Security Administration in the amount of Six Thousand, Four Hundred Two and 88/100 Dollars ($6,402.88). IT IS FURTHER ORDERED that, under the terms of the Fee Agreement and Assignment executed by the plaintiff in this case (see ECF 25-3), the award shall be made payable to attorney Brigid A. McNamara 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. Any award shall be mailed to Access Disability LLC, 1285 Fern Ridge Pkwy., Suite 120, St. Louis, MO 63141. Signed by District Judge Catherine D. Perry on 11/8/2018. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STACEY MONTGOMERY,
Plaintiff,
v.
NANCY A. BERRYHILL, Deputy
Commissioner of Operations for
Social Security,
Defendant.

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No. 4:17 CV 1207 CDP

MEMORANDUM AND ORDER
Plaintiff Stacey Montgomery 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 $6,402.88. 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 August 20, 2018, 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 Motion for Attorney’s Fees [25]
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 Six Thousand, Four Hundred Two and 88/100 Dollars ($6,402.88).
IT IS FURTHER ORDERED that, under the terms of the Fee Agreement
and Assignment executed by the plaintiff in this case (see ECF 25-3), the award shall
be made payable to attorney Brigid A. McNamara 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. Any award shall be mailed to
Access Disability LLC, 1285 Fern Ridge Pkwy., Suite 120, St. Louis, MO 63141.

___________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 8th day of November, 2018.
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