Healthman v. Nancy A. Berryhill

Filing 29

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees 26 is granted, and plaintiff shall recover attorney's fees from the Social Security Administration in the amount of $4,872.48.IT IS FURTHER ORDERED that, under the terms of the Assignment of Fee Agreement executed by the plaintiff in this case (Doc. # 27 -3), the award shall be made payable to attorney Jennifer 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 Rodney W. Sippel on 4/24/19. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TROY HEATHMAN,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

No. 4:18 CV 720 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion for attorney’s fees pursuant to
the Equal Access to Justice Act, 28 U.S.C. ' 2412, in the amount of $4,872.48.
Defendant does not object to the request.
On January 15, 2019, I reversed the decision of the Commissioner and
remanded the case to the Commissioner under sentence four of 42 U.S.C. ' 405(g)
for further consideration. Because plaintiff prevailed and is not otherwise
precluded from recovering attorney’s fees, I find plaintiff is entitled to an award in
the amount requested.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for attorney’s fees [26]
is granted, and plaintiff shall recover attorney’s fees from the Social Security
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Administration in the amount of $4,872.48.
IT IS FURTHER ORDERED that, under the terms of the Assignment of
Fee Agreement executed by the plaintiff in this case (Doc. #27-3), the award shall
be made payable to attorney Jennifer 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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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 24th day of April, 2019.

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