Filed: Dec. 13, 2017
Latest Update: Dec. 13, 2017
Summary: MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Plaintiff's application for attorney's fee, under the Equal Access to Justice Act, 28 U.S.C. 2412(d). Plaintiff is the prevailing party in this action challenging the decision of Defendant that Plaintiff is not disabled, as defined by the Social Security Act, and was thus not entitled to disability insurance benefits or Supplemental Security Income. Plaintiff seeks $5,297.94 in fees, to be paid
Summary: MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Plaintiff's application for attorney's fee, under the Equal Access to Justice Act, 28 U.S.C. 2412(d). Plaintiff is the prevailing party in this action challenging the decision of Defendant that Plaintiff is not disabled, as defined by the Social Security Act, and was thus not entitled to disability insurance benefits or Supplemental Security Income. Plaintiff seeks $5,297.94 in fees, to be paid t..
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MEMORANDUM AND ORDER
AUDREY G. FLEISSIG, District Judge.
This matter is before the Court on Plaintiff's application for attorney's fee, under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Plaintiff is the prevailing party in this action challenging the decision of Defendant that Plaintiff is not disabled, as defined by the Social Security Act, and was thus not entitled to disability insurance benefits or Supplemental Security Income. Plaintiff seeks $5,297.94 in fees, to be paid to Plaintiff's counsel, pursuant to an assignment of fees executed by Plaintiff, in the event the award is not used to satisfy an outstanding debt. Plaintiff has submitted documentation supporting the requested amount of fees. Defendant responds that she does not object to the award of fees in the amount sought, but notes that Astrue v. Ratliff, 560 U.S. 586 (2010), mandates that the fees are to be paid directly to Plaintiff.
The Court's review of the record indicates that the amount of fees sought is reasonable and properly supported. As Defendant asserts, Astrue v. Ratliff, 560 U.S. 586 (2010), requires that the fees be paid directly to Plaintiff, even in light of the assignment signed by Plaintiff. The Court is not in a position to provide otherwise.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's application for attorney's fees is GRANTED in the amount of $5,297.94, payable directly to Plaintiff. (ECF. No. 23.)
