Nelson v. Saul

District Court, E.D. Missouri

Nelson v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION

TALIA S. NELSON, ) ) Plaintiff, ) ) v. ) No. 2:21 CV 32 CDP ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM AND ORDER Plaintiff Talia S. Nelson prevailed on her appeal for judicial review of an adverse decision of the Social Security Administration and now requests attorney’s fees under the Equal Access to Justice Act (EAJA) in the amount of $5,060.00. The Commissioner does not object to plaintiff’s request for fees and asks that I order payment in the amount requested. I will grant the request. This matter came before me on plaintiff’s appeal for judicial review of an adverse decision of the Social Security Administration. In a Judgment entered on December 7, 2021, I reversed the Commissioner’s decision and remanded the matter to the Commissioner for further administrative proceedings under sentence four of

42 U.S.C. § 405

(g). Plaintiff now seeks an award of attorney’s fees inasmuch as she is a prevailing party, has a net worth of less than two million dollars, and incurred these fees in this action.

28 U.S.C. § 2412

(d). The Commissioner does not oppose plaintiff's motion but requests that any award be made payable in accordance with Astrue v. Ratliff,

560 U.S. 586

(2010). Upon review of plaintiff's motion and the Commissioner’s response, I find the requested fees and the Commissioner’s requested terms of payment to be reasonable. Accordingly, IT IS HEREBY ORDERED that plaintiff's Petition for Award of Attorney Fees Pursuant to the Equal Access to Justice Act [27] is GRANTED. IT IS FURTHER ORDERED that, pursuant to

28 U.S.C. § 2412

(d), plaintiff shall recover attorney’s fees from the Social Security Administration in the amount of Five Thousand, Sixty and 00/100 Dollars ($5,060.00). IT IS FURTHER ORDERED that, under the terms of the Fee Agreement executed by the plaintiff in this case (see ECF 27), the award shall be made payable to her attorney.

CATHERINE D.PERRY // UNITED STATES DISTRICT JUDGE Dated this 20th day of December, 2021.

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Reference

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