Filed: Aug. 30, 2016
Latest Update: Aug. 30, 2016
Summary: MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiff Shirley Goggin prevailed on her appeal for judicial review of an adverse decision of the Social Security Administration and now requests attorney's fees under the Equal Access to Justice Act (EAJA) in the amount of $4,617.24. The Commissioner does not object to plaintiff's request for fees and asks that I order payment in the amount requested. I will grant the request. This matter came before me on plaintiff's appeal for
Summary: MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiff Shirley Goggin prevailed on her appeal for judicial review of an adverse decision of the Social Security Administration and now requests attorney's fees under the Equal Access to Justice Act (EAJA) in the amount of $4,617.24. The Commissioner does not object to plaintiff's request for fees and asks that I order payment in the amount requested. I will grant the request. This matter came before me on plaintiff's appeal for ..
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MEMORANDUM AND ORDER
CATHERINE D. PERRY, District Judge.
Plaintiff Shirley Goggin prevailed on her appeal for judicial review of an adverse decision of the Social Security Administration and now requests attorney's fees under the Equal Access to Justice Act (EAJA) in the amount of $4,617.24. The Commissioner does not object to plaintiff's request for fees and asks that I order payment in the amount requested. I will grant the request.
This matter came before me on plaintiff's appeal for judicial review of an adverse decision of the Social Security Administration. In a Memorandum, Order and Judgment entered June 6, 2016, I reversed the Commissioner's decision and remanded the matter to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff now seeks an award of attorney's fees inasmuch as she is a prevailing party, has a net worth of less than two million dollars, and incurred these fees in this action. 28 U.S.C. § 2412(d). The Commissioner does not oppose plaintiff's motion, but requests that any award be made payable in accordance with Astrue v. Ratliff, 560 U.S. 586 (2010). Upon review of plaintiff's motion and the Commissioner's response, I find the requested fees and the Commissioner's requested terms of payment to be reasonable.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's Motion for Attorney's Fees [23] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2412(d), plaintiff shall recover attorney's fees in the amount of Four Thousand, Six Hundred Seventeen and 24/100 Dollars ($4,617.24).
IT IS FURTHER ORDERED that the award shall be made payable to plaintiff's counsel, Paul W. Trim, pursuant to the Fee Agreement and Assignment executed by the plaintiff in this case (see ECF #23-3), and mailed to counsel at 1285 Fern Ridge Parkway, Suite 120, St. Louis, MO 63141. If plaintiff has a pre-existing debt owed to the United States, the award shall be made payable to plaintiff subject to offset to satisfy such debt, and shall be mailed to plaintiff at counsel's address, above.
