Jackson v. Commissioner of Social Security

District Court, S.D. Illinois

Jackson v. Commissioner of Social Security

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DUJUAN J.,1 ) Plaintiff, vs. Case No. 20-cv-614-DWD COMMISSIONER OF SOCIAL SECURITY, ) Defendant. MEMORANDUM AND ORDER DUGAN, District Judge: This matter is before the Court on Plaintiff's Motion for Attorney Fees (Doc. 30), brought pursuant to the Equal Access to Justice Act (“EAJA”),

28 U.S.C. § 2412

. Plaintiff seeks an award of attorney’s fees in the amount of $4,012.50 and $0.00 for costs. Defendant has responded that he has no objection to the Motion (See Doc. 31). Pursuant to the EAJA, the Court shall award attorney’s fees and expenses to a prevailing party in a civil action against the United States, including proceedings for judicial review of agency action, unless the government’s position was substantially justified or that special circumstances make an award unjust. See 28 US.C. § 2412(d)(1)(A). The hourly rate for attorney’s fees is not to exceed $125.00 per hour unless the Court determines that certain circumstances in Section 2412(d)(2)(A) exist, and which are not present here. See

28 U.S.C. § 2412

(d)(2)(A).

1In keeping with the Court's practice, Plaintiffs full name will not be used in this Memorandum and Order due to privacy concerns. See Fed. R. Civ. P. 5.2(c) and the Advisory Committee Notes thereto.

On July 27, 2021, this case was remanded to the Commissioner for further proceedings pursuant to sentence four of

42 U.S.C. § 405

(g) (See Doc. 28). The Court FINDS that Plaintiff is the prevailing party and is entitled to an award of attorney’s fees pursuant to the EAJA. See

28 U.S.C. § 2412

(d)(1)(B). The Court further FINDS that the agreed upon amount is reasonable and appropriate. Plaintiff's Motion for Attorney Fees (Doc. 30) is GRANTED. The Court awards Plaintiff attorney’s fees in the amount of $4,012.50 and costs in the amount of $0.00. This award shall fully and completely satisfy any and all claims for attorney fees, costs, and expenses that may be payable to Plaintiff in this matter pursuant to the Equal Access to Justice Act,

28 U.S.C. § 2412

. The amount awarded is payable to Plaintiff and is subject to set-off for any pre-existing 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 Motion. SO ORDERED. Dated: September 27, 2021 U. Lb. J Sls we DAVIDW.DUGAN United States District Judge

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