Henry v. Social Security Administration

E.D. Arkansas

Henry v. Social Security Administration

District Court, E.D. Arkansas·Decided March 1, 2021·No. 3:20-cv-00105·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JOSHUA HENRY PLAINTIFF v. Case No. 3:20-cv-00105-JTK ANDREW SAUL, Commissioner, Social Security Administration DEFENDANT ORDER Before the Court are Plaintiff's Motion for Attorney’s Fees and Defendant’s Response. Docs. 23, 25. In his motion, Plaintiff requests $4,901.07 in fees and expenses. Doc. 23. Defendant does not object to this award. Doc. 25 at 1. After careful consideration, the Court finds that Plaintiff should be awarded reasonable attorney’s fees. EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such fees are subject to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 560 U.S. 586, 589 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff, in care of her attorney, will issue to Plaintiffs attorney. Accordingly, the Motion for Attorney’s Fees (Doc. 23) is GRANTED. Plaintiff is awarded $4,901.07. SO ORDERED THIS Ist day of March, 2021. □

JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

JOSHUA HENRY PLAINTIFF v. Case No. 3:20-cv-00105-JTK ANDREW SAUL, Commissioner, Social Security Administration DEFENDANT ORDER Before the Court are Plaintiff's Motion for Attorney’s Fees and Defendant’s Response. Docs. 23, 25. In his motion, Plaintiff requests $4,901.07 in fees and expenses. Doc. 23. Defendant does not object to this award. Doc. 25 at 1. After careful consideration, the Court finds that Plaintiff should be awarded reasonable attorney’s fees. EAJA fees are payable to Plaintiff, not Plaintiff's attorney, and such fees are subject to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 560 U.S. 586, 589 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff, in care of her attorney, will issue to Plaintiffs attorney. Accordingly, the Motion for Attorney’s Fees (Doc. 23) is GRANTED. Plaintiff is awarded $4,901.07. SO ORDERED THIS Ist day of March, 2021. □

JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE

Henry v. Social Security Administration, (E.D. Ark. 2021).

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