Maddux-Westbrook v. Colvin

Filing 28

ORDER granting 25 motion for attorney fees. Signed on 09/03/15 by District Judge Stephen R. Bough. (Amos, Gloria)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
SHANNON MADDUX-WESTBROOK,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 4:14-cv-00420-SRB

ORDER GRANTING PLAINTIFF’S
APPLICATION FOR ATTORNEY’S FEES
Before the Court is Plaintiff’s Application for Attorney’s Fees Under the Equal Access to
Justice Act (Doc. #25). Plaintiff has requested an award of attorney’s fees in this case pursuant
to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $7,000 for 25.8
hours of attorney time at a rate of $125 per hour.
Defendant informed the Court it has no objection to an award of EAJA fees in this case
(Doc. #27). Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), an EAJA fee award is payable to
the litigant-plaintiff and is subject to offset to satisfy any pre-existing debt the litigant owes the
United States. Because Plaintiff has assigned any EAJA fee award to his/her attorney, the Court
will order Defendant to verify whether Plaintiff owes a debt to the United States that is subject to
offset and if not, make the fee payable to Plaintiff’s attorney based on the assignment.
Accordingly, it is hereby
ORDERED Plaintiff’s Application for Attorney’s Fees Under the Equal Access to Justice
Act (Doc. #25) is GRANTED. It is further

1

ORDERED Plaintiff shall be awarded attorney’s fees in the amount of $7,000 pursuant to
the EAJA. Defendant shall verify whether Plaintiff owes a debt to the United States that is
subject to offset and if not, shall make the fee payable to Plaintiff’s attorney based on the
assignment.
IT IS SO ORDERED.

DATE: September 3, 2015

/s/ Stephen R. Bough
JUDGE STEPHEN R. BOUGH
UNITED STATES DISTRICT COURT

2