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Holmes v. Commissioner of Social Security, 18-cv-547-CJP. (2018)

Court: District Court, S.D. Illinois Number: infdco20181114e13 Visitors: 3
Filed: Nov. 13, 2018
Latest Update: Nov. 13, 2018
Summary: ORDER for ATTORNEY'S FEES CLIFFORD J. PROUD , Magistrate Judge . Before the Court is Defendant's Joint Motion to Award Attorney Fees and Expenses. (Doc. 23). The parties agree that plaintiff is entitled to an award of $7,200 (seven thousand and two hundred dollars) for attorney fees and expenses. The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d)(1)(B). The Court further f
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ORDER for ATTORNEY'S FEES

Before the Court is Defendant's Joint Motion to Award Attorney Fees and Expenses. (Doc. 23).

The parties agree that plaintiff is entitled to an award of $7,200 (seven thousand and two hundred dollars) for attorney fees and expenses.

The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B). The Court further finds that the agreed upon amount is reasonable and appropriate. Per the parties' agreement, this award shall fully and completely satisfy any and all claims for fees and expenses (but not costs) that may have been payable to plaintiff in this matter pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.

Defendant's Joint Motion to Award Attorney Fees and Expenses (Doc. 23) is GRANTED. The Court awards plaintiff Edith T. Holmes the sum of $7,200 (seven thousand and two hundred dollars) for attorney fees and expenses pursuant to the Equal Access to Justice Act. These funds shall be payable to plaintiff, per Astrue v. Ratliff, 560 U.S. 586 (2010). However, in accordance with the parties' agreement, any part of the award that is not subject to set-off to pay plaintiff's pre-existing debt to the United States shall be made payable to plaintiff's attorney pursuant to the EAJA assignment previously executed by plaintiff and counsel.

IT IS SO ORDERED.

Source:  Leagle

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