Opinion
No. 2:17-CV-00061-AGF
11-26-2018
TRISHA M. MAY, Plaintiff, v. NANCY BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff's application for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). ECF No. 27. Plaintiff is the prevailing party in this action challenging the decision of Defendant that Plaintiff is not disabled, as defined by the Social Security Act, and was thus not entitled to Disability Insurance Benefits or Supplemental Security Income. Plaintiff seeks $2,284.76 in fees, and Plaintiff has submitted documentation supporting the requested amount of fees, as well as an assignment of fees executed by Plaintiff.
Defendant responds that she does not object to the award of fees in the amount sought, but notes that Astrue v. Ratliff, 560 U.S. 586 (2010), mandates that the fees are to be paid directly to Plaintiff.
The Court's review of the record indicates that the amount of fees sought is reasonable and properly supported. As Defendant asserts, Astrue v. Ratliff, 560 U.S. 586 (2010), requires that the fees be paid directly to Plaintiff, even in light of the assignment signed by Plaintiff.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff's application for attorney's fees is GRANTED in the amount of $2,284.76, payable directly to Plaintiff. ECF No. 27.
/s/_________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE Dated this 26th day of November, 2018