Opinion
Case No. 4:11 CV 399 CDP
03-22-2012
RONALD PRATER, 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 $1,688.51 in attorney's fees. Defendant does not oppose the motion.
On February 13, 2012, 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 [#23] is granted, and defendant shall pay plaintiff $1,688.51 in attorney's fees.
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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE