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)

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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.

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