Danetti v. Commissioner of Social Security, No. 3:2017cv03058 - Document 23 (C.D. Ill. 2018)
Court Description: OPINION: The parties' Stipulation for Attorney's Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 22 is ALLOWED. The Court awards Plaintiff Angela M. Danetti $3,900.00 in attorney fees and $0.00 in costs. Plaintiff has assigned the award of fees to her attorney. The Commissioner is therefore directed to pay the amount of the award that is not subject to offset directly to her attorney, Meredith E. Marcus. SEE WRITTEN OPINION. Entered by Magistrate Judge Tom Schanzle-Haskins on 04/04/2018. (SKN, ilcd)
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Danetti v. Commissioner of Social Security Doc. 23 E-FILED Thursday, 05 April, 2018 09:15:35 AM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS, SPRINGFIELD DIVISION ANGELA M. DANETTI, Plaintiff, v. NANCY A. BERRYHILL, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No. 17-cv-3058 OPINION TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE: This matter comes before the Court on the parties’ Stipulation for Attorney’s Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d/e 22) (Stipulation). The parties have consented, pursuant to 28 U.S.C. §636(c), to proceed before this Court. Consent to Proceed Before a United States Magistrate Judge, and Order of Reference entered August 18, 2017 (d/e 15). Plaintiff prevailed in this matter and now requests an award of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The parties’ Stipulation (d/e 22) was filed March 19, 2018. The Court has reviewed the request and determines that the request of $3,900.00 in attorney fees and $0.00 in costs is reasonable and appropriate in this case. The Stipulation is therefore allowed. Page 1 of 2 Dockets.Justia.com Plaintiff has assigned her right to attorney fees to her counsel. Such an assignment is appropriate as long as the award of fees is not subject to offset for any debt that Plaintiff may owe the United States. See Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521, 2529-30 (2010). The Commissioner will therefore pay the amount of the award that is not subject to offset directly to Plaintiff’s attorney. WHEREFORE the parties’ Stipulation for Attorney’s Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d/e 22) is ALLOWED. The Court awards Plaintiff Angela M. Danetti $3,900.00 in attorney fees and $0.00 in costs. Plaintiff has assigned the award of fees to her attorney. The Commissioner is therefore directed to pay the amount of the award that is not subject to offset directly to her attorney, Meredith E. Marcus. ENTER: April 4, 2018 s/ Tom Schanzle-Haskins TOM SCHANZLE-HASKINS UNITED STATES MAGISTRATE JUDGE Page 2 of 2
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