Opinion
Case No. 4:11 CV1330 CDP
01-03-2013
JENNIFER SIEBERT, 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. Although plaintiff originally sought fees in the amount of $5,507.05, the parties have now agreed to an award of EAJA fees in the amount of $5,235.00.
On September 21, 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 [#25] is granted only to the following extent: defendant shall pay plaintiff $5,235.00 in attorney's fees.
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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE