Ackerman v. Colvin

Filing 32

ORDER granting 28 motion for attorney fees Signed on 12/8/2016 by District Judge Roseann Ketchmark. (Perry, Madison)

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

CHRISTINE D. ACKERMAN,
Plaintiff,
v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER
OF
SOCIAL
SECURITY ADMINISTRATION;
Defendant.

)
)
)
)
)
)
)
)
)
)

No. 4:15-CV-00405-RK

ORDER GRANTING PLAINTIFF’S APPLICATION FOR ATTORNEY
FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT
Now pending before the Court is Plaintiff’s Motion for Attorney Fees Under The Equal
Access to Justice Act (doc. 28).
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. Additionally, the EAJA allows
compensation for costs, including court filing costs. Accordingly, it is
ORDERED that Plaintiff is awarded attorney’s fees in the amount of $5,000.00 to be paid
by the Social Security Administration and awarded court costs in the amount of $400.00 to be
paid by the Department of Treasury’s Judgment Fund. 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.
s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: December 8, 2016