Cox v. Astrue

Filing 17

ORDERED that plaintiff's application for attorney fees 14 is GRANTED and plaintiff shall be awarded payment of $4,800.00 in attorney fees to be paid by the Social Security Administration. Signed on 4/2/2012 by Chief District Judge Fernando J. Gaitan, Jr. (Baldwin, Joella)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
DAVID M. COX,

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) No. 11-CV-0283-W-FJG-SSA
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Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner, Social Security
Administration
Defendant.

ORDER
Currently pending before the Court is plaintiff’s Application for Attorney Fees
Pursuant to The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. # 14).
Plaintiff had initially requested fees in an amount of $5,012.36, representing 29 hours of
attorney time at $172.84 per hour. However, after discussion, the parties have agreed
to award of attorney fees in the amount of $4,800.00. The Government notes that
pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the EAJA fee is
subject to offset to satisfy any pre-existing debt plaintiff may owe to the United States.
Accordingly, it is hereby ORDERED that plaintiff's application for attorney fees is
GRANTED, and plaintiff shall be awarded payment of $4,800.00 in attorney fees to be
paid by the Social Security Administration.

Date: 4/2/2012
Kansas City, Missouri

S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge