JAMES v. BERRYHILL

Civil No. 16-cv-1139-JPG-CJP.

ROBBIN JAMES, Plaintiff, v. NANCY A. BERRYHILL, Defendant.

United States District Court, S.D. Illinois.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Robbin James, Plaintiff, represented by James Pavisian , Parmele Law Firm.

Commissioner of Social Security, Defendant, represented by David Levitt , Office of the General Counsel & Suzanne M. Garrison , Assistant U.S. Attorney.


ORDER for ATTORNEY'S FEES

J. PHIL GILBERT, District Judge.

Before the Court is the parties' Amended Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act. (Doc. 28).

The parties have agreed that plaintiff is entitled to an award of attorney's fees in the amount of $4,000.00.

The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney's fees 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. This award shall fully and completely satisfy any and all claims for fees that may have been payable to plaintiff in this matter pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412.

The parties' Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. 28) is GRANTED. The Court awards plaintiff Robbin James the sum of $4,000.00 (four thousand dollars) for attorney's fees pursuant to the Equal Access to Justice Act. These funds shall be payable to plaintiff, per Astrue v. Ratliff, 560 U.S. 586 (2010). However, in accordance with the parties' agreement, 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 previously executed by plaintiff and counsel.

IT IS SO ORDERED.


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