Taylor v. Berryhill

Full title: MELINDA TAYLOR PLAINTIFF v. NANCY A. BERRYHILL Commissioner of Social…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION AT PIKEVILLE

Date published: Jun 1, 2017

CIVIL ACTION NO. 16-195-DLB (E.D. Ky. Jun. 1, 2017)

Opinion

CIVIL ACTION NO. 16-195-DLB

06-01-2017

MELINDA TAYLOR PLAINTIFF v. NANCY A. BERRYHILL Commissioner of Social Security DEFENDANT

David L. Bunning United States District Judge

MEMORANDUM ORDER

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This matter is before the Court upon Plaintiff Melinda Taylor's Motion for Attorney's Fees. (Doc. # 12). The Commissioner having filed her Response to Plaintiff's Motion for Attorney's Fees (Doc. # 14), this matter is now ripe for the Court's review. For the reasons stated herein, Plaintiff's Motion is hereby granted.

The Plaintiff filed her Complaint in this matter on September 8, 2016, seeking reversal of the Commissioner's denial of her claim for Disability Insurance Benefits ("DIB"). (Doc. # 1). On January 13, 2017, the Commissioner asked this Court to remand the action for further consideration pursuant to Sentence Four of 42 U.S.C. § 405(g). (Doc. # 8). The Plaintiff did not object to the Commissioner's request for remand (Doc. # 9) and the Court entered judgment and remanded the action pursuant to Sentence Four. (Docs. # 10 and 11). Now, the Plaintiff, through counsel, has filed a Motion for Attorney's Fees, and supporting documentation, pursuant to the Equal Access to Justice Act ("EAJA"). (Doc. # 12). Specifically, Plaintiff requests an attorney's fee award in the amount of $1,306.50 for her attorney's work and $400.00 for costs. The Commissioner does not oppose awarding Plaintiff the requested sums in attorney's fees and costs. (Doc. # 14). However, the Commissioner requests that the Court's Order awarding attorney's fees require that the award be payable to Plaintiff, not Plaintiff's attorney, pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010). Id.

Accordingly, the Court having reviewed and considered the parties' filings,

IT IS ORDERED that Plaintiff's Motion for Attorney's Fees (Doc. # 12) is hereby GRANTED, and Plaintiff Melinda Taylor is awarded attorney's fees in the amount of $1,306.50 for her attorney's work and $400.00 for costs, in accordance with the EAJA and Astrue v. Ratliff, 560 U.S. 586 (2010).

The 1st day of June, 2017.

Signed By:

David L . Bunning

United States District Judge