Maue v. Commissioner of Social Security
Maue v. Commissioner of Social Security
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS LAURA J. MAUE, ) Plaintiff, vs. Case No. 3:21-cv-332-DWD COMMISSIONER OF SOCIAL SECURITY, ) Defendant. MEMORANDUM & ORDER DUGAN, District Judge: This matter is before the Court on Plaintiff's motion for award of attorney fees pursuant to the Equal Access to Justice Act (EAJA),
28 U.S.C. § 2412. (Doc. 29). Defendant has responded that she has no objection. (Doc. 32). Plaintiff asks for an award of attorney’s fees in the amount of $2,645.50. The Court finds that Plaintiff is the prevailing party and is entitled to an award of attorney’s fees pursuant to the EAJA,
28 U.S.C. § 2412(d)(1)(B). The Court further finds that the amount is reasonable and appropriate. For these reasons, Plaintiff's motion for award of attorney fees (Doc. 29) is GRANTED. The Court awards Plaintiff attorney’s fees in the amount of $2,645.50 in full satisfaction of any and all claims for attorney fees and expenses that may be payable to Plaintiff in this matter under the EAJA. Any fees paid belong to Plaintiff and not Plaintiff's attorney and can be offset to satisfy any pre-existing debt that the litigant owes the United States. Astrue v. Ratliff,
560 U.S. 586(2010). If Defendant can verify that Plaintiff
does not owe a pre-existing debt to the government subject to the offset, Defendant will direct that the award be made payable to Plaintiff's attorney pursuant to the EAJA assignment duly signed by Plaintiff and counsel. SO ORDERED. L i Dated: April 11, 2022 Mn (Vv DAVIDW.DUGAN United States District Judge
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