Filed: Mar. 01, 2019
Latest Update: Mar. 01, 2019
Summary: ORDER JEROME T. KEARNEY , Magistrate Judge . Pending is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 (DE #21). In the motion, Plaintiff requests $2,925.24 in fees and expenses. The Commissioner has no objection (DE #23). After careful consideration, the Court hereby finds that the motion should be granted and that Plaintiff be awarded reasonable attorney's fees. EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such
Summary: ORDER JEROME T. KEARNEY , Magistrate Judge . Pending is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 (DE #21). In the motion, Plaintiff requests $2,925.24 in fees and expenses. The Commissioner has no objection (DE #23). After careful consideration, the Court hereby finds that the motion should be granted and that Plaintiff be awarded reasonable attorney's fees. EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such ..
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ORDER
JEROME T. KEARNEY, Magistrate Judge.
Pending is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (DE #21). In the motion, Plaintiff requests $2,925.24 in fees and expenses. The Commissioner has no objection (DE #23). After careful consideration, the Court hereby finds that the motion should be granted and that Plaintiff be awarded reasonable attorney's fees.
EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such fees are subject to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 130 S.Ct. 2521 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff, in care of his attorney, will issue to Plaintiff's attorney.
Accordingly, the Motion for Attorney's Fees (DE #23) is GRANTED. Plaintiff is awarded $2,925.24.
IT IS SO ORDERED.
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION
TINA WALTON PLAINTIFF
v. Case No. 3:18-cv-00032 JTK
NANCY BERRYHILL,
Deputy Commissioner for Operations,
performing the duties and functions not
reserved to the Commissioner of Social Security DEFENDANT
ORDER
Pending is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (DE #21). In the motion, Plaintiff requests $2,925.24 in fees and expenses. The Commissioner has no objection (DE #23). After careful consideration, the Court hereby finds that the motion should be granted and that Plaintiff be awarded reasonable attorney's fees.
EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such fees are subject to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 130 S.Ct. 2521 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff, in care of his attorney, will issue to Plaintiff's attorney.
Accordingly, the Motion for Attorney's Fees (DE #21) is GRANTED. Plaintiff is awarded $2,925.24.
IT IS SO ORDERED.
