Opinion
Case No. 4:11 CV1480 RWS
01-05-2012
DAWN BRECKLE, Plaintiff, v. MICHAEL J. ASTRUE, Defendant.
MEMORANDUM AND ORDER
This matter is before me on plaintiff's motion for attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Plaintiff seeks $509.24 in attorney's fees. Defendant does not oppose the motion.
On November 23, 2011, I reversed the decision of the Commissioner and remanded the case to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further consideration. Because plaintiff prevailed and is not otherwise precluded from recovering attorney's fees and costs, I find plaintiff is entitled to an award in the amount requested.
The fees are payable to plaintiff, not plaintiff's attorney. See Astrue v. Ratliff, 130 S. Ct. 2521, 2524 (2010).
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for attorney's fees [#20] is granted, and defendant shall pay plaintiff $509.24 in attorney's fees.
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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE