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Dalton v. Commissioner of Social Security, 18-cv-2162-DGW. (2019)

Court: District Court, S.D. Illinois Number: infdco20191125a68
Filed: Nov. 22, 2019
Latest Update: Nov. 22, 2019
Summary: ORDER for ATTORNEY'S FEES DONALD G. WILKERSON , Magistrate Judge . This matter is before the Court on plaintiff's Application for Attorney's Fees. (Doc. 27). Defendant has responded that he has no objection. (Doc. 28). The parties agree that plaintiff is entitled to an award of attorney's fees in the amount of $6,079.43, with no additional amount for costs or expenses. The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney's fees pursuant to the Eq
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ORDER for ATTORNEY'S FEES

This matter is before the Court on plaintiff's Application for Attorney's Fees. (Doc. 27). Defendant has responded that he has no objection. (Doc. 28).

The parties agree that plaintiff is entitled to an award of attorney's fees in the amount of $6,079.43, with no additional amount for costs or 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. 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.

Plaintiff's Application for Attorney's Fees (Doc. 27) is GRANTED. The Court awards plaintiff attorney's fees in the amount of $6,079.43 (six thousand seventy-nine dollars and forty-three cents), with no additional amount for costs or expenses.

The amount awarded is payable to plaintiff and is subject to set-off for any debt owed by plaintiff to the United States, per Astrue v. Ratliff, 560 U.S. 586 (2010). See also, Harrington v. Berryhill, 906 F.3d 561 (7th Cir. 2018). However, 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 executed by plaintiff and attached to the fee petition.

IT IS SO ORDERED.

Source:  Leagle

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