Mosley v. Commissioner of Social Security Administration, No. 1:2009cv01178 - Document 26 (N.D. Ohio 2010)
Court Description: Supplemental Memorandum Opinion and Order granting Plaintiff Mosley's 23 Motion for Payment of Attorney Fees in the amount of $1,962.50 to be paid directly to Plaintiff, Susan Mosely, the prevailing litigant. Magistrate Judge Benita Y. Pearson on 11/23/2010. (S,L)
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Mosley v. Commissioner of Social Security Administration Doc. 26 PEARSON, MJ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION SUSAN MOSLEY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:09-CV-1178 MAGISTRATE JUDGE BENITA Y. PEARSON SUPPLEMENTAL MEMORANDUM OPINION AND ORDER On November 19, 2010, the Court issued a ruling on Plaintiff’s Motion for Award of Attorney Fees (ECF No. 23), pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in advance of receiving the Commissioner of Social Security’s (“Commissioner”) timely filed objection.1 ECF No. 25. Based upon review of all of the relevant pleadings, including the Commissioner’s objection, the Court confirms its ruling made in ECF No. 24, granting Plaintiff’s Motion for Award of Attorney Fees, and directing that the payment of those fees be made directly to Plaintiff Mosely, rather than to her counsel as assignee.2 Accordingly, the Court grants Plaintiff Mosley’s Motion for Payment of Attorney Fees in 1 The Commissioner’s objection states, in pertinent part: “The Commissioner does not object to this amount as excessive. However, Plaintiff also asks the “fees be paid directly to Plaintiff’s counsel, as assignee of the Plaintiff” (Pltf’s EAJA Mot. at 3). The Commissioner objects to this request as being in violation of Astrue v. Ratliff, 130 S. Ct. 2521 (2010), and requests that this Court direct any EAJA award to remain payable to Plaintiff.” ECF No. 25 at 1. 2 The Court’s ruling in the Memorandum Opinion and Order issued November 18, 2010, ECF No. 24, is incorporated herein. Dockets.Justia.com (1:09-CV-1178) the amount of $1,962.50 to be paid directly to Plaintiff, Susan Mosely, the prevailing litigant. IT IS SO ORDERED. November 23, 2010 Date /s/ Benita Y. Pearson United States Magistrate Judge 2
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