Smalley v. Colvin

Filing 19

ORDER GRANTING PLAINTIFF'S APPLICATION FOR ATTORNEY FEES, 17 . Signed on 3/13/17 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea)

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

GREGORY SMALLEY,

)
)
Plaintiff,
)
)
vs.
)
)
)
NANCY A. BERRYHILL,1
Acting Commissioner of Social Security, )
)
Defendant.
)

Case No. 16-03042-CV-S-ODS

ORDER GRANTING PLAINTIFF’S APPLICATION FOR ATTORNEY FEES
Plaintiff requests an award of fees pursuant to the Equal Access to Justice Act
(EAJA), 28 U.S.C. § 2412, in the amount of $4,921.88. Doc. #17. Defendant has no
objection to an award of EAJA fees in the amount of $4,921.88 to be paid by the Social
Security Administration. Doc. #18. Plaintiff’s motion is granted.
Plaintiff’s award is subject to federal administrative offset for Plaintiff’s
outstanding federal debts, if any. See Astrue v. Ratliff, 130 S. Ct. 2521, 2527 (2010). In
light of Plaintiff’s assignment of any award to his attorney, the net award should be
made payable to Plaintiff’s counsel.

IT IS SO ORDERED.

DATE: March 13, 2017

1

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT

Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted for
former Acting Commissioner Carolyn A. Colvin as the Defendant in this suit.