Miller v. Saul

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

ALTHEA MILLER, ) ) Plaintiff, ) ) v. ) No. 1:18-CV-255 PLC ) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM AND ORDER This matter is before the Court on Plaintiff’s application for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. [ECF No. 22] Plaintiff requests an award of $5,412.13, representing 26.8 hours worked at a rate of $193.75 per hour for work performed in 2018, $202.50 per hour for work performed in 2019, and $205.00 per hour for work performed in 2020. [ECF Nos. 22-1, 22-2] Plaintiff attaches “Plaintiff’s Affidavit and Assignment of EAJA Fee,” in which she assigned any court-awarded fees to her attorneys, Parmele Law Firm, P.C. [ECF No. 22-3] Defendant filed a response to Plaintiff’s application for attorney fees, in which he states: “Defendant has no objection to Plaintiff’s request for attorney fees under the EAJA in the amount of $5,412.13.” [ECF No. 23] Defendant requests that the Court enter an order awarding attorney fees in the amount of $5,412.13 to be paid by the Social Security Administration. He notes, however, that any award of attorney fees is subject to offset to satisfy any preexisting debt Plaintiff owes to the United States. See Astrue v. Ratliff, 560 U.S. 586 (2010). After careful consideration, IT IS HEREBY ORDERED that Plaintiff's application for attorney fees [ECF No. 22] is GRANTED. IT IS FURTHER ORDERED that Plaintiff is awarded EAJA attorney fees in the amount of $5,412.13, subject to offset for any preexisting debt that the Plaintiff owes to the United States. After determining whether Plaintiff owes any debt to the United States that is subject to offset, Defendant is directed to pay the EAJA fees directly to Plaintiff's attorney. Pirie Fo tehac PATRICIA L. COHEN UNITED STATES MAGISTRATE JUDGE Dated this 29th day of September, 2020