Foy v. Berryhill

Filing 35

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's application for attorney fees [ECF No. 32 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney's fees in the amount of $5,314.70 subject to offset fo r any preexisting debt that the 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 2/14/2020. (CLO)

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

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Case No. 4:18-CV-879 PLC

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s application for attorney fees pursuant to the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [ECF No. 32] Plaintiff requests an
award of $5,314.70, representing 26.3 hours of attorney work at a rate of $202.08 per hour.
Plaintiff attaches an “Assignment of Federal Court EAJA Attorney Fee,” in which he assigned
any court-awarded fees to his attorney, Jennifer M. Van Fossan. [ECF No. 33-3]
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 $5,314.70.” [ECF No. 34] Defendant requests that the Court enter an order awarding
attorney fees in the amount of $5,314.70 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. 32]
is GRANTED.

IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney’s fees in
the amount of $5,314.70 subject to offset for any preexisting debt that the 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 14th day of February, 2020