Fugate v. Astrue

Filing 19

ORDER granting 17 motion for attorney fees; plaintiff shall be awarded attorney fees and expenses under the EAJA in the amount of $5,063.50. Signed on 9/15/2011 by Chief District Judge Fernando J. Gaitan, Jr. (Baldwin, Joella)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
TASCIE A FUGATE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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) No. 10-3436-CV-S-FJG-SSA
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ORDER
Pending before the Court is Plaintiff’s Application for Attorney’s Fees Under the
Equal Access for Justice Act (Doc. No. 17). Pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412, plaintiff is entitled to an award of reasonable attorney fees. In response,
defendant states that after discussions with plaintiff’s counsel, the parties have agreed to
an award of EAJA fees in the total amount of $5,063.50, which represents $5,000.00 in
attorney’s fees and $63.50 in expenses. Defendant notes that according to Astrue v.
Ratliff,130 S.Ct. 2521 (2010), the EAJA fee is payable to plaintiff as litigant and is subject
to offset pre-existing debts that plaintiff may owe the United States.
Accordingly, it is hereby ORDERED that plaintiff's application for attorney fees is
GRANTED, and plaintiff shall be awarded attorney fees and expenses under the EAJA in
the amount of $5,063.50.
IT IS SO ORDERED.
Date: 9/15/2011
Kansas City, Missouri

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