Contant Thompson v. Commissioner of Social Security

District Court, S.D. Illinois

Contant Thompson v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

JESSICA LYNNE CONTANT ) THOMPSON, ) ) Plaintiff, ) ) Civil No. 19-cv-453-DGW vs. ) ) COMMISSIONER of SOCIAL ) SECURITY, ) ) Defendant. )

ORDER for ATTORNEY’S FEES

WILKERSON, Magistrate Judge:

Before the Court is the parties’ Joint Motion to Award of Attorney Fees and Costs. (Doc. 29). The parties agree that plaintiff is entitled to an award of attorney’s fees and expenses in the amount of $5,947.41. The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney’s fees and expenses 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 that may have been payable to plaintiff in this matter pursuant to the Equal Access to Justice Act,

28 U.S.C. § 2412

. If plaintiff seeks costs she shall do so separately. The parties’ Joint Motion (Doc. 29) is GRANTED. The Court awards 1 plaintiff the sum of $5,947.41 (five thousand nine hundred forty-seven dollars and forty-one cents) for attorney’s 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). See also, Harrington v. Berryhill,

906 F.3d 561

(7th Cir. 2018). However, in accordance with the parties’ agreement, any part of the award that is not subject to set-off to pay plaintiffs pre-existing debt to the United States shall be made payable to plaintiffs attorney pursuant to the EAJA assignment previously executed by plaintiff and counsel. IT IS SO ORDERED. DATE: February 21, 2020.

DONALD G. WILKERSON U.S. MAGISTRATE JUDGE

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