Shields v. Berryhill

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

PHILANA SHIELDS, ) ) Plaintiff, ) ) v. ) No. 4:18 CV 807 CDP ) ANDREW M. SAUL, ) Commissioner of Social Security, ) ) Defendant. )

MEMORANDUM AND ORDER Plaintiff Philana Shields 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 $4,696.21. 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 Memorandum, Order, and Judgment entered September 5, 2019, 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 plaintiffs 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 to Award Attorney Fees Pursuant to the Equal Access to Justice Act [28] 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 Four Thousand, Six Hundred Ninety-Six and 21/100 Dollars ($4,696.21). IT IS FURTHER ORDERED that, under the terms of the Assignment of Federal Court EAJA Attorney Fee executed by the plaintiff in this case (see ECF 28-2), the award shall be made payable to attorney Traci L. Severs unless plaintiff has a pre-existing debt owed to the United States, in which case the award shall be made payable to the plaintiff and subject to offset to satisfy that debt.

CATHERINE D.PERRY // UNITED STATES DISTRICT JUDGE Dated this 7th day of November, 2019.

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