Brewer v. Kijakazi

Filing 32

ORDER granting 26 motion for attorney fees. Signed on 11/26/2024 by District Judge M. Douglas Harpool. (Rotellini, Michael)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
AUBRIE D. BREWER,

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Plaintiff,
vs.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

Case No. 4:23-cv-00353-MDH

ORDER
Before the Court is the Application for Attorney Fees under the Equal Access to Justice
Act (“EAJA”) (Doc. 26).

Plaintiff moves the Court for an award against Defendant for

Plaintiff’s attorney fees under EAJA. Counsel for Plaintiff has provided an itemized statement
for legal services setting forth a request for an award of fees in the amount of $11,999.91 and is
seeking reimbursement of court filing costs of $405.00.
Defendant has filed a response to Plaintiff’s Application for Attorney Fees Pursuant to
the EAJA stating the parties have agreed to settle and stipulate that Plaintiff should receive
attorney fees in the amount of $9,500.00. (Doc. 29). Defendant notes the filing fee is a cost
distinguished from an expense under the EAJA. See 28 U.S.C. § 2412(a). Defendant agrees that
Plaintiff should be compensated for the filing fee of $405.00 from the Judgment Fund
administered by the United States Treasury. (Doc. 29).
Based on the record before the Court, the Court hereby GRANTS Plaintiff’s Motion
(Doc. 26) and ORDERS attorney fees in the amount of $9,500.00 to be paid by the Social
Security Administration. The Court FURTHER ORDERS filing fees of $405.00 be reimbursed
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to Plaintiff from the Judgment Fund administered by the United States Treasury. Plaintiff has
filed an affidavit and assignment of EAJA fees to her attorneys. (Doc. 26-1). Defendant will
verify whether Plaintiff owes a debt to the United States that is subject to an offset. If there is no
debt owed by Plaintiff, the attorney fee will be made to Cathleen A. Shine and mailed to 113 E.
Wall St., P.O. Box 342, Harrisonville, MO 64701. The filing fee will be made to Cathleen A.
Shine and mailed to 113 E. Wall St., P.O. Box 342, Harrisonville, MO 64701 from the Judgment
Fund administered by the United States Treasury.
CONCLUSION
For the foregoing reasons, the Court hereby GRANTS the Application for Attorney Fees.
IT IS SO ORDERED.
DATED: November 26, 2024

/s/ Douglas Harpool______________
DOUGLAS HARPOOL
UNITED STATES DISTRICT JUDGE

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