Doshie v. Berryhill

Filing 34

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiff's application for attorney fees 31 is GRANTED. IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney's fees in the amount of $5,264.37, subject to offset for any preexisting debt that Plaintiff owes to the United States. After determining whether Plaintiff owes any debt to the United States that is subject to offset, Defendant is directed to pay the EAJA fees directly to Plaintiff's attorney. Signed by Magistrate Judge Patricia L. Cohen on 10/23/2019. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TANGELIA DOSHIE,
Plaintiff,
vs.
ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.

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) Case No. 4:18-CV-876 PLC
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MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s application for attorney fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412. [ECF No. 31] Plaintiff requests an award of
$5,264.37, representing 26.1 hours of attorney work at a rate of $201.70 per hour. Plaintiff
attaches the “Assignment of Federal Court EAJA Attorney Fee,” in which she assigned any
court-awarded fees to her attorney, Kristen N. Van Fossan. [ECF No. 32-3]
Defendant filed a response to Plaintiff’s application for attorney fees, in which he states:
“Defendant has no objection to Plaintiff’s request for attorney fees under the EAJA in the
amount of $5,264.37.” [ECF No. 33] Defendant requests that the Court enter an order awarding
attorney fees in the amount of $5,264.37 to be paid by the Social Security Administration. He
notes, however, that any award of attorney fees is subject to offset to satisfy any preexisting debt
Plaintiff owes to the United States. See Astrue v. Ratliff, 560 U.S. 586 (2010).
After careful consideration,
IT IS HEREBY ORDERED that Plaintiff’s application for attorney fees [ECF No. 31]
is GRANTED.

IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney’s fees in the
amount of $5,264.37, subject to offset for any preexisting debt that Plaintiff owes to the United
States. After determining whether Plaintiff owes any debt to the United States that is subject to
offset, Defendant is directed to pay the EAJA fees directly to Plaintiff’s attorney.

PATRICIA L. COHEN
UNITED STATES MAGISTRATE JUDGE
Dated this 23rd day of October, 2019

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