Warren v. Berryhill

Filing 17

ORDER granting 15 motion for attorney fees. Signed on 2/2/2018 by District Judge Roseann Ketchmark. (Stout, Courtney)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION

CHERYL WARREN,
Plaintiff,
v.

NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SSA;
Defendant.

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No. 2:17-04043-CV-RK

ORDER GRANTING PLAINTIFF’S APPLICATION FOR ATTORNEY
FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Now pending before the Court is Plaintiff’s Application for Attorney Fees under the
Equal Access to Justice Act (“EAJA”) (doc. 15). Defendant has no objection to Plaintiff’s
request for attorney fees (doc. 16).
Under the EAJA, a prevailing party in an action brought against the United States shall be
awarded attorney fees unless the position of the United States was “substantially justified” or
special circumstances make an award unjust.

28 U.S.C. § 2412(d)(1)(a).

Plaintiff was a

prevailing party in this action and an award is appropriate. Accordingly, it is ORDERED that
Plaintiff is awarded attorney’s fees in the amount of $4756.56, to be paid by the Social Security
Administration. It is further ORDERED that the above award is subject to offset to satisfy any
pre-existing debt Plaintiff may owe to the United States.
IT IS SO ORDERED.

s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: February 2, 2018